issue #09, week 27. 05 July 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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NEWS

EFTA and Myanmar sign Joint Declaration on Cooperation - EFTA

Jun 24, http://www.efta.int/free-trade/free-trade-news/2013-06-24-myanmar.aspx

Ministers from the Member States of the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway and Switzerland – and from Myanmar signed a Joint Declaration on Cooperation (JDC) on 24 June 2013 in Trondheim, Norway. Through the JDC, both sides commit to further enhancing their bilateral economic relations. The JDC establishes a Joint EFTA-Myanmar Committee, thereby providing the Parties with a forum for discussing relevant issues.

The EFTA-Myanmar JDC was signed by Trond Giske, Minister of Trade and Industry of Norway; Gunnar Bragi Sveinsson, Minister for Foreign Affairs and External Trade of Iceland; Aurelia Frick, Minister of Foreign Affairs of Liechtenstein; and Johann N. Schneider-Ammann, Head of the Federal Department of Economic Affairs, Education and Research of Switzerland; as well as by Pwint San, Deputy Minister of Commerce of Myanmar.

Economic relations between the EFTA States and Myanmar

The value of total EFTA-Myanmar merchandise trade (imports plus exports) amounted to USD 10.4 million in 2012. The EFTA States exported goods to Myanmar worth USD 3.8 million, while imports reached USD 6.5 million. Imports from Myanmar consisted mainly of woven/knitted apparel and precious stones and metals. Exports from the EFTA States included pharmaceutical products, mechanical machinery and paint.

EFTA as a trade partner

EFTA has established one of the most extensive networks of preferential trade relations worldwide. In addition to the European Union as the EFTA States’ most important economic partner, EFTA’s network of free trade agreements currently extends to 36 countries, and free trade negotiations are currently underway with several other partners. JDCs have been concluded with a further five partners.

EFTA Ministerial meeting, Trondheim, Norway, 24 June 2013 - EFTA

Jun 24, http://www.efta.int/about-efta/news/2013-06-24-efta-ministerial-trondheim.aspx

On 24 June 2013, the European Free Trade Association (EFTA) held its summer Ministerial meeting in Trondheim, Norway. The meeting was chaired by Mr Trond Giske, Minister of Trade and Industry of Norway. Ministers of the four EFTA States (Iceland, Liechtenstein, Norway and Switzerland) signed free trade agreements with the Central American States of Costa Rica and Panama, represented by Ms Anabel González, Minister of Foreign Trade of Costa Rica and Mr Ricardo Quijano, Minister of Trade and Industry of Panama; and with Bosnia and Herzegovina, represented by Mr Mirko Šarovic, Minister of Foreign Trade and Economic Relations. A joint declaration on cooperation was signed with Myanmar, represented by Mr Pwint San, Deputy Minister of Commerce.

The international economic and trade environment

The EFTA Ministers noted the uneven pace of global economic recovery and discussed the ongoing challenges faced by economic operators in an environment characterized by considerable macroeconomic and policy uncertainty. They recalled the essential role of open markets in supporting sustainable growth in the increasingly interconnected global economy.

Ministers discussed the launch of negotiations between the European Union and the United States on a Transatlantic Trade and Investment Partnership. They noted the significance of this initiative and agreed to monitor future developments closely.

The EFTA Ministers reiterated their strong commitment to the rules-based multilateral trading system of the World Trade Organization. They expressed their concern about the state of play in the WTO negotiations. The Ministers called on all WTO Members, particularly major players, to work with flexibility and realism in order to ensure significant outcomes in Bali with a view to creating momentum towards a successful conclusion of the Doha Development Agenda.

Preferential trade relations

The EFTA Ministers welcomed the addition of the free trade agreements with the Central American States of Costa Rica and Panama and with Bosnia and Herzegovina to EFTA’s expanding network of preferential trade relations. EFTA now has 26 such agreements with 36 partner countries and territories outside the European Union. This world-wide network is further complemented by six joint declarations on cooperation. In this context, Ministers welcomed the signing of a joint declaration with Myanmar.

Concerning EFTA’s ongoing negotiating processes, Ministers welcomed the progress achieved since the beginning of the year in the negotiations with the Customs Union of Russia, Belarus and Kazakhstan.

Ministers noted the continued active engagement with partners in Asia and reiterated the priority accorded to enhancing trade relations with this dynamic region. They took stock of developments in the negotiations with India and confirmed their willingness to move this process forward to its conclusion as soon as possible. They noted the progress made in the negotiations with Indonesia and Vietnam. Ministers expressed their satisfaction that negotiations are imminent with Malaysia and reaffirmed their strong interest in resuming talks with Thailand this autumn.

Ministers reiterated EFTA's interest in further developing existing free trade agreements, such as the agreements with Canada, Chile, Korea and Mexico. They agreed to continue exploring possible options for resuming negotiations with Algeria, as well as developing closer trade relations with Pakistan, the Philippines and potential partners in the Sub-Saharan African region.

Relations with the European Union

The EEA EFTA Ministers welcomed the reviews of the European Economic Area (EEA) undertaken by the European Union (EU) and the EEA EFTA side in recent years, and appreciated the fact that all of the reviews underlined that the EEA Agreement had proven to be a solid platform for EEA EFTA participation in the Internal Market, as well as for the EEA EFTA States’ relations with the EU.

Whilst acknowledging the need for a further reduction in the number of EU legal acts pending incorporation into the EEA Agreement, the Ministers welcomed the positive results produced by the joint efforts over the last year to reduce this number. Almost 500 legal acts were incorporated into the Agreement in 2012 – the highest number in a single year since 1999. Ministers noted with satisfaction that important legislation had been incorporated thereby ensuring a level playing field for the EEA EFTA States in areas such as consumer rights, goods, telecommunications and environmental and climate issues.

Ministers noted with concern the challenges related to EEA EFTA participation in EU agencies and programmes, and underlined the importance of timely involvement of the EEA EFTA States in new EU programmes, in order for EEA EFTA applicants to be included in the first calls for proposals.

A key priority this last year has been to find a solution, together with the EU, regarding the EEA EFTA States’ participation in the European Financial Supervisory Authorities, which will ensure that the structure of the EEA Agreement is respected. Ministers called on all parties to maintain the focus on this issue.

The EEA EFTA Ministers welcomed the 2012 results of the EEA Financial Mechanism and the Norwegian Financial Mechanism for the 2004-2009 period. The funding has had a positive impact at local level and a majority of the projects exhibited good quality for the grant money spent.

Finally, Ministers were informed on the state and the perspectives of the relations between Switzerland and the European Union, especially on the possible solutions in order to develop and strengthen the bilateral way.

Advisory Bodies

Ministers held meetings with EFTA’s two advisory bodies, the Consultative Committee and the Parliamentary Committee. They discussed various issues related to the functioning of the EEA Agreement and recent developments in the EEA, third-country relations, and the relationship between the EU and Switzerland.

Attending

EFTA States sign Free Trade Agreement with Bosnia and Herzegovina - EFTA

Jun 24, http://www.efta.int/free-trade/free-trade-news/2013-06-24-bosnia-and-herzegovina.aspx

Ministers from the Member States of the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway and Switzerland – and from Bosnia and Herzegovina have signed a Free Trade Agreement (FTA) today. The FTA will further strengthen the economic ties and promote trade and investment between the two sides.

The EFTA-Bosnia and Herzegovina FTA was signed by Trond Giske, Minister of Trade and Industry of Norway; Gunnar Bragi Sveinsson, Minister for Foreign Affairs and External Trade of Iceland; Aurelia Frick, Minister of Foreign Affairs of Liechtenstein; and Johann N. Schneider-Ammann, Head of the Federal Department of Economic Affairs, Education and Research of Switzerland; as well as by Mirko Šarovic, Minister of Foreign Trade and

Economic Relations of Bosnia and Herzegovina.

Trade relations between the EFTA States and Bosnia and Herzegovina are built on a solid foundation, with a Joint Declaration on Cooperation first signed in 2000 with the former Federal Republic of Yugoslavia. The negotiations between EFTA and Bosnia and Herzegovina were launched in March 2011 and the FTA was initialled in May 2013.

While the FTA covers primarily trade in industrial goods, including fish and other marine products, bilateral agreements on agricultural products between the individual EFTA States and Bosnia and Herzegovina also form part of the instruments establishing the free trade area between the two sides. In other fields, the basis has been laid for agreeing on preferential rules in the future. A Joint Committee will supervise the functioning of the FTA, which will become effective after completion of the necessary internal procedures by the Parties.

Economic relations between the EFTA States and Bosnia and Herzegovina

Merchandise trade between the EFTA States and Bosnia and Herzegovina increased at an average rate of 16.3% between 2001 and 2012. In 2012, total merchandise trade between the two sides was valued at USD 138 million, with EFTA’s exports to Bosnia and Herzegovina amounting to USD 60 million and imports reaching USD 78 million. EFTA’s main exports to Bosnia and Herzegovina include pharmaceutical products and machinery, while EFTA imports mainly consist of furniture, apparel and footwear.

EFTA as a trade partner

With a combined population of around 13 million, the EFTA States are the world’s 11th largest merchandise trader, as well as significant actors in the areas of trade in services and foreign direct investment. They have now 26 FTAs with a total of 36 partner countries outside the European Union.

EFTA States sign Free Trade Agreement with Costa Rica and Panama - EFTA

Jun 24, http://www.efta.int/free-trade/free-trade-news/2013-06-24-central-america.aspx

Ministers from the Member States of the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway and Switzerland – and from Costa Rica and Panama have signed a Free Trade Agreement (FTA) today. The FTA will further enhance the economic ties and promote trade and investment between the two sides.

The EFTA-Central America FTA was signed by Trond Giske, Minister of Trade and Industry of Norway; Gunnar Bragi Sveinsson, Minister for Foreign Affairs and External Trade of Iceland; Aurelia Frick, Minister of Foreign Affairs of Liechtenstein; and Johann N. Schneider-Ammann, Head of the Federal Department of Economic Affairs, Education and Research of Switzerland; as well as by Anabel González, Minister of Foreign Trade of Costa Rica, and Ricardo Quijano, Minister of Trade and Industry of Panama.

Building on a Joint Declaration on Cooperation signed by the EFTA States and Panama in July 2010, negotiations between EFTA and four Central American States were launched in November 2011 and were concluded with Costa Rica and Panama in December 2012.

The EFTA-Central America FTA has comprehensive coverage, including trade in goods (industrial and agricultural goods, fish and other marine products), rules of origin, trade facilitation, trade in services, investment, competition, protection of intellectual property rights, government procurement and sustainable development. A Joint Committee will supervise the functioning of the FTA, which will become effective after completion of the necessary internal procedures by the Parties. Other Central American States may join the FTA at a later stage.

Economic relations between the EFTA States and Costa Rica and Panama

Merchandise trade between the EFTA States and Costa Rica and Panama increased at an average annual rate of 6.2% between 2002 and 2012. In 2012, total merchandise trade between the EFTA States and the two Central American partners was valued at USD 689 million, with EFTA’s exports to Costa Rica and Panama amounting to USD 446 million and imports reaching USD 237 million. EFTA’s main exports to Costa Rica and Panama include pharmaceutical products as well as clocks and watches, while EFTA’s imports consist essentially of fruits and nuts, coffee and tea, spices and precious stones.

EFTA as a trade partner

With a combined population of around 13 million, the EFTA States are the world’s 11th largest merchandise trader, as well as significant actors in the areas of trade in services and foreign direct investment. They have now 26 FTAs with a total of 36 partner countries outside the European Union.

FINRA: Proposed Rule Change to Amend FINRA Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to Simplify Arbitrator Selection in Cases with Three Arbitrators

Jun 26, http://www.finra.org/Industry/Regulation/RuleFilings/2013/P273521

Financial Industry Regulatory Authority, Inc. ("FINRA") is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to amend FINRA Rule 12403 of the Code of Arbitration Procedure for Customer Disputes ("Customer Code") to simplify arbitration panel selection in cases with three arbitrators. Under the proposed rule change, FINRA would no longer require a customer to elect a panel selection method, and parties in all customer cases with three arbitrators would get the same selection method. FINRA would provide all parties with lists of 10 chair-qualified public arbitrators, 10 public arbitrators, and 10 non-public arbitrators. FINRA would permit the parties to strike four arbitrators on the chair-qualified public list and on the public list. However, any party could select an all-public arbitration panel by striking all of the arbitrators on the non-public list.

ASEAN forum takes up maritime disputes with China, South China Sea 'code of conduct'

Jul 03, http://www.gmanetwork.com/news/story/315684/news/world/asean-forum-takes-up-maritime-disputes-with-china-south-china-sea-code-of-conduct

ASEAN Regional Forum foreign ministers met in Brunei on Tuesday, where meetings will focus on maritime disputes in the South China Sea and North Korea.

MIGA Reports Continued, Strong Interest in its Political Risk Insurance

Jul 01, http://www.miga.org/news/index.cfm?aid=3523

WASHINGTON, DC, July 1, 2013 - The Multilateral Investment Guarantee Agency (MIGA), the political risk insurance arm of the World Bank Group, announced year-end results today demonstrating sustained growth in support of foreign direct investment (FDI) in its developing member countries. For the fiscal year ending June 30, 2013, the Agency issued a record high of $2.8 billion in new investment guarantees insuring projects that will support economic growth and poverty reduction. Many of the projects will be transformational for the host countries.

MIGA: MIGA Launches New Facility for Conflict-Affected and Fragile Economies

Jul 01, http://www.miga.org/news/index.cfm?aid=3522

At a signing ceremony held with donors today in Washington, the Multilateral Investment Guarantee Agency (MIGA), the political risk insurance arm of the World Bank Group, launched its Conflict-Affected and Fragile Economies Facility. The Facility will use donor partner contributions together with MIGA's guarantees to assume higher risk and insure more investment projects in conflict-affected and fragile economies. It will target high development impact projects that support economic growth and poverty reduction through job creation, infrastructure services, and access to financial markets.

Promoting jobs and livelihoods in these economies is a key priority for the World Bank Group. Since the Bank Group launched the World Development Report 2011: Conflict, Security, and Development, MIGA's support for projects in in these economies has grown significantly.

LCIA - The London Court of International Arbitration - Internship - apply before Thursday 18 July 2013

Jul 05, http://www.lcia.org/Membership/YIAG/Internship.aspx

The LCIA Secretariat offers, twice per year, one six-month internship at its offices in London.

The next internship will run from Monday 2 September 2013 to Friday 28 February 2014. The intern will receive a stipend, currently of £1,500 (gross) per calendar month.

...

ITLOS: New arbitrator and president appointed in the arbitral proceedings instituted by the Republic of the Philippines against the People's Republic of China - Mr Thomas A. Mensah (Ghana)

Jun 24, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_197_E.pdf

On 21 June 2013, the President of the International Tribunal for the Law of the Sea, Judge Shunji Yanai, appointed Mr Thomas A. Mensah (Ghana) as arbitrator and president in the arbitral proceedings instituted by the Republic of the Philippines against the People's Republic of China under Annex VII to the United Nations Convention on the Law of the Sea on 22 January 2013 (for further information, see ITLOS/Press 191).

The Agent and Solicitor General of the Republic of the Philippines, H.E. Mr Francis H. Jardeleza, informed President Yanai by letter of 27 May 2013 that "Mr M.C.W. Pinto has elected to step down as a member and President of the arbitral tribunal in these proceedings" and that "[t]he vacancy left by his departure therefore needs to be filled" and requested, in accordance with article 3, subparagraphs (e) and (f) of Annex VII to the Convention, that the President appoint Mr Pinto's replacement.

Under article 3, subparagraph (f) of Annex VII to the Convention, a vacancy in the arbitral tribunal should be filled "in the manner prescribed for the initial appointment". The President is therefore required to make the appointment to fill the vacant seat within a period of 30 days of the receipt of the request and in consultations with the parties, as prescribed under article 3, subparagraph (e), of Annex VII to the Convention. Further to consultations by correspondence with the parties on the matter, Mr Thomas Mensah has been appointed to serve as member and president of the arbitral tribunal.

The composition of the five-member Annex VII arbitral tribunal is now as follows: Thomas Mensah, president (Ghana), Jean-Pierre Cot (France), Stanislaw Pawlak (Poland), Alfred Soons (the Netherlands) and Rüdiger Wolfrum (Germany). Note: The press releases of the Tribunal do not constitute official documents and are issued for information purposes only.

ICCA: Joint Taskforce on Third Party Funding Launched

Jul 03, http://www.arbitration-icca.org/news.html#news_81

ICCA is pleased to announce the launch of a Taskforce on Third Party Funding in International Arbitration, which will be conducted jointly with a new Centre on Ethics, Regulation and Rule of Law at Queen Mary, University of London. The Taskforce will be co-chaired by ICCA Governing Board Member William W. Park and Professor Catherine Rogers, the Chair of the new Centre and Professor of Law and International Affairs at Penn State Law. Professor Stavros Brekoulakis, Professor in International Arbitration and Commercial Law at Queen Mary, will be the Rapporteur for the project.

The new ICCA Taskforce will systematically study and make recommendations regarding the procedures, ethics, and related policy issues relating to third-party funding in international arbitration. The Taskforce will be comprised of representatives drawn from among all relevant stakeholders and interested members of ICCA. The work of the Taskforce will be presented in a series of White Papers, and a number of public colloquia to be hosted at Queen Mary's Centre for Commercial Law Studies.

ICJ: Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) - Fixing of time-limits for the filing of the initial pleadings

Jul 01, http://www.icj-cij.org/docket/files/153/17402.pdf

THE HAGUE, 1 July 2013. The International Court of Justice (ICJ), principal judicial organ of the United Nations, has fixed time-limits for the filing of initial pleadings in the case concerning Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile).

By an Order of 18 June 2013, the Court fixed 17 April 2014 and 18 February 2015 as the respective time-limits for the filing of a Memorial by the Plurinational State of Bolivia and a Counter-Memorial by the Republic of Chile.

The Court made the Order taking account of the agreement of the Parties. The subsequent procedure has been reserved for further decision.

History of the proceedings

On 24 April 2013, the Plurinational State of Bolivia instituted proceedings against the Republic of Chile in relation to "Chile's obligation to negotiate in good faith and effectively with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean".

Further details can be found in Press Release No. 2013/11, available on the Court's website (www.icj-cij.org) under the heading "Press Room"/"Press Releases".

CPR Announces New Administered Arbitration Rules Effective July 1, 2013

Jul 01, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/800/CPR-Announces-New-Administered-Arbitration-Rules-Effective-July-1-2013.aspx

New rules prompted by requests for a CPR Administered Arbitration option

New York, NY, July 1, 2013 - The International Institute for Conflict Prevention & Resolution (CPR) announced today that for the first time in its 30 year history, it is releasing Administered Arbitration Rules, effective today for use in contracts. For over 30 years, the nation's top practitioners have relied on CPR's non-administered rules to resolve high-value, complex legal disputes. In response to users' requests, CPR is now offering Administered Arbitration Rules for those requiring an administering authority. As more worldwide companies sign CPR's Corporate Policy Statement on Alternatives to Litigation, International Pledge Agreements and the 21st Century Corporate ADR Pledge, CPR is excited to offer another dispute resolution mechanism with its Administered Arbitration Rules. While these rules can be adapted for cross border disputes, CPR is also currently drafting a specific set of rules for international disputes.

CPR's Administered Arbitration Rules were drafted by a subcommittee of CPR's Arbitration Committee, chaired by Robert Smit of Simpson, Thacher & Bartlett LLP. The subcommittee created the new rules to offer the greatest degree of flexibility and control available, while minimizing overall costs, for those needing an administering authority. The new rules are substantially the same as CPR's non-administered rules except for modifications related to CPR's administrative role, which includes billing, selection of the arbitrator(s), ensuring the smooth interface between parties and the Arbitrator/Tribunal, limited review of awards, and oversight to ensure the process occurs in a timely manner.

According to Robert Smit, "These rules offer a significant advantage over the choices that currently exist in that they are carefully tailored to deliver only what the parties need from an administering organization and no more. They are built upon CPR's experience with ad hoc/self-administered arbitration and parties' requests for more assistance. "

CPR's Arbitration Committee Chair, Ank Santens, of White & Case LLP stated, "The benefit of the rules include access to CPR's carefully-vetted Panels of Distinguished Neutrals and all the benefits of CPR's non-administered rules including unique arbitrator selection provisions, flexibility, party control over the process, low cost and the added benefit of administration by CPR's able and experienced administrators."

PCA: Review Panel established under the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

Jun 26, http://www.pca-cpa.org/showpage.asp?pag_id=1520

The PCA is providing administrative assistance in proceedings conducted by a Review Panel established under Article 17 and Annex II of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (that entered into force on 24 August 2012) (the "Convention"), with regard to the objection by the Russian Federation to the Conservation and Management Measure for Trachurus murphyi (CMM 1.01) adopted by the Commission of the South Pacific Regional Fisheries Management Organisation (the "Commission") at its First Meeting held from 28 January to 1 February 2013.

The Review Panel was established on 21 May 2013 and is composed of:

On 27 May 2013, the Review Panel issued a Procedural Timetable.

On 7 June 2013, the Review Panel issued Procedural Directive No. 1.

The written submissions phase of the proceedings is currently ongoing. Oral hearings will be held in the Peace Palace in early July.

SCC decisions on advance costs

Jul 02, http://www.sccinstitute.com/?id=23696&newsid=45975

Download: http://www.sccinstitute.com/filearchive/4/46020/Advance%20on%20costs%20estimate_25%20June%202013_ed.pdf

In the interest of transparency and to facilitate the parties' understanding of our routines, the SCC has published a brief describing the criteria taken into account by the SCC Board when determining the advance on costs in cases where the amount in dispute exceeded EUR 100.000.000.

Costs under the SCC Rules can easily be calculated by using the calculator service available at the SCC website. The calculator determines the advance on costs to be paid, based on the schedule of costs contained in Appendix III of the SCC Rules.

The brief now published describes the criteria considered by the SCC to determine the advance on costs in three investment cases registered during 2010-2012 and where the amount in dispute exceeded the limit set in the schedule of costs.

UNCTAD Launches the 4th IIA Issues Note on Treaty Renewal [pdf]

Jun 24, http://unctad.org/en/PublicationsLibrary/webdiaepcb2013d9_en.pdf

In its IIA Issues Note, UNCTAD analyzes the renewal and expiration of international investment agreements, finding that by the end of 2013 more than 1,300 bilateral investment treaties will be at the stage where they could be terminated or renegotiated at any time.

UNCTAD: World Investment Report 2013

Jun 26, http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=588

Download http://unctad.org/en/PublicationsLibrary/wir2013_en.pdf (2.2 mb)

BAN Ki-moon: The 2013 World Investment Report comes at an important moment. The international community is making a final push to achieve the Millennium Development Goals by the target date of 2015. At the same time, the United Nations is working to forge a vision for the post-2015 development agenda. Credible and objective information on foreign direct investment (FDI) can contribute to success in these twin endeavours.

Global FDI declined in 2012, mainly due to continued macroeconomic fragility and policy uncertainty for investors, and it is forecast to rise only moderately over the next two years.

Yet as this report reveals, the global picture masks a number of major dynamic developments. In 2012 - for the first time ever - developing economies absorbed more FDI than developed countries, with four developing economies ranked among the five largest recipients in the world. Developing countries also generated almost one third of global FDI outflows, continuing an upward trend that looks set to continue.

This year's World Investment Report provides an in-depth analysis, strategic development options and practical advice for policymakers and others on how to maximize the benefits and minimize the risks associated with global value chains. This is essential to ensure more inclusive growth and sustainable development.

I commend the World Investment Report 2013 to the international investment and development community as a source of reflection and inspiration for meeting today's development challenges.

WTO adopts new work programme for least-developed countries

Jun 28, http://www.wto.org/english/news_e/news13_e/devel_28jun13_e.htm

An updated work programme for least-developed countries (LDCs), adopted on 28 June 2013 by the WTO Sub-Committee on LDCs, mainstreams the United Nations' Istanbul Programme of Action for LDCs for 2011-20 into the WTO mandate. The programme also incorporates the streamlined accession process for LDCs adopted in 2012 and introduces periodic reviews of the work programme.

WTO-OECD-UNCTAD publish 9th report on G20 trade and investment measures

Jun 17, http://www.oecd.org/daf/inv/investment-policy/g20.htm

17/06/2013 - In their 9th report to the G20, the organisations say that governments should refocus their attention on reinforcing the multilateral trading system so that trade can be an engine of growth and a source of strength for the global economy.

WTO: Croatia becomes 43rd member of the Government Procurement Agreement as it joins the EU

Jun 27, http://www.wto.org/english/news_e/news13_e/gpro_27jun13_e.htm

The WTO Committee on Government Procurement, on 27 June 2013, approved a modification to the European Union's schedules to the WTO Agreement on Government Procurement (GPA) which will bring Croatia under the Agreement effective 1 July 2013, the same date on which Croatia's EU accession takes effect. The decision will bring to 43 the total number of WTO members that are bound by the Agreement.

WTO: Germany donates EUR 1 million to WTO training for developing countries

Jul 01, http://www.wto.org/english/news_e/pres13_e/pr690_e.htm

Since 2000, Germany's total contributions to the WTO trust funds have reached nearly CHF 19 million. This new donation of EUR 1 million (CHF 1,235,000) to the Doha Development Agenda Global Trust Fund will finance technical assistance programmes and training activities for developing countries, least-developed countries and economies in transition.

WTO: Lamy: "The WTO Secretariat is finally reunited in one place"

Jun 30, http://www.wto.org/english/news_e/sppl_e/sppl290_e.htm

Director-General Pascal Lamy, in leading the ribbon-cutting ceremony marking the completion of the new WTO campus on 30 June 2013, thanked the governments of Switzerland and Geneva for their help and support. Noting that the renovation and building projects were finished on time and within the budget, he said the new extension evokes the "transparency, flexibility, but also the strength and the international character of the WTO".

WTO: Panels set up on measures by EU on Indonesian exports and by Argentina on Panama's exports

Jun 25, http://www.wto.org/english/news_e/news13_e/dsb_25jun13_e.htm

The Dispute Settlement Body, on 25 June 2013, established two panels: one on Indonesia's complaint against the European Union's anti-dumping measures on imports of certain fatty alcohols, and the other on Panama's complaint against Argentina's measures relating to trade in goods and services.

6 Arbitration Providers Win 18 of 19 Arbitration Domains in One UDRP

Jun 25, http://www.thedomains.com/2013/06/25/6-arbitration-providers-win-18-of-19-arbitration-domains-in-one-udrp/

The Complainants are London Court of International Arbitration (LCIA) of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”); International Chamber of Commerce (ICC) of Paris, France; Singapore International Arbitration Centre (SIAC) of Singapore; Arbitration Institute of the Stockholm Chamber of Commerce (SCC) of Stockholm, Sweden; American Arbitration Association/International Center for Dispute Resolution (AAA/ICDR) of New York.

Abu Dhabi-based Al Ghurair Iron & Steel (AGIS) wins $4.36m arbitration award against JSW Steel Limited

Jul 02, http://www.tradearabia.com/news/IND_238849.html

After detailed hearings on the Arbitration proceedings, which commenced in 2010, the Tribunal issued its award in June, 2013 holding that the coils supplied did not meet the specifications and hence the supply of the coils was in breach of the sales contract. The Tribunal accordingly awarded AGIS $4.36 milllion as full refund of payment made for the hot rolled coils under the sales contract along with interest and costs.

Alvarado announces Ecuador’s resignation of the ATPDEA with the U.S.

Jun 27, http://www.ecuadortimes.net/2013/06/27/alvarado-announces-ecuadors-resignation-of-the-atpdea-with-the-u-s/

The Ecuadorian Communications Secretary, Fernando Alvarado, announced this Thursday, June 27, that Ecuador unilaterally and irrevocably resigned to the Treaty of Preferences (ATPDEA) with the United States.

Argentina: Repsol analiza una nueva propuesta argentina para superar el conflicto por la expropiación de YPF

Jun 22, http://www.ieco.clarin.com/empresas/Repsol-argentina-conflicto-expropiacion-YPF_0_942506032.html

El Consejo Directivo de Repsol, consideraría este próximo miércoles 26, a iniciativa de uno de los accionistas principales, Pemex, una nueva propuesta del gobierno argentino para solucionar el conflicto planteado por la expropiación del 51% de las acciones de la petrolera española en YPF. Repsol reclama 10.500 millones de dólares de indemnización.

Australia-East Timor: Gas fight heads to tribunal - Greater Sunrise

Jul 03, http://www.ntnews.com.au/article/2013/07/03/322421_ntnews.html

THE spat with East Timor over Greater Sunrise gas deposit revenue has escalated to an international tribunal. A three-member arbitration panel will have to be convened to decide the fate of the energy deposit, estimated to be worth more than $90 billion, which lies 150km southeast of East Timor and 450km northwest of Darwin.

Bangladesh: More role of women in arbitration sought

Jun 28, http://www.thedailystar.net/beta2/news/more-role-of-women-in-arbitration-sought/

Speakers at a seminar yesterday said democratisation of Shalish (arbitration) could help reduce violence against women. They said the role of Shalish in remote areas was helpful in some cases to ensure justice for women. The seminar was organised by Nagorik Uddyog in the Young Women Christian Association auditorium in the capital.

Belize: BCB Can Take GOB To Court Oversees

Jun 27, http://7newsbelize.com/sstory.php?nid=25869

This morning, the Caribbean Court of Justice made a decision which opens up the country to international arbitration by the Ashcroft Allied companies.

Judgement available on TDM here https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9527

Bolivia afirma que no violó tratado al revertir concesión

Jul 03, http://www.la-razon.com/economia/Bolivia-afirma-tratado-revertir-concesion_0_1862213779.html

[translation] Two months after the miner South American Silver (SAS) began arbitration, Bolivia said that it did not violate international law or its obligations under the agreement signed investment protection between the country and the United Kingdom of Great Britain and Northern Ireland to reverse the grant in Mallku Khota.

Canada-China investment deal still waiting for cabinet ratification

Jun 27, http://www.thestar.com/news/canada/2013/06/27/canadachina_investment_deal_still_waiting_for_cabinet_ratification.html

A Canada-China investment deal once touted as key to expanding jobs and economic growth remains mysteriously unratified nine months after being tabled in Parliament.

Canada: Ivanhoe Addresses Fort McKay First Nation Concerns Regarding the Tamarack Project

Jul 02, http://www.newswire.ca/en/story/1192961/ivanhoe-addresses-fort-mckay-first-nation-concerns-regarding-the-tamarack-project

CALGARY, July 2, 2013 /CNW/ - Ivanhoe Energy Inc. announced today that it has established a long-term relationship with the community of Fort McKay, including the Fort McKay First Nation and the Fort McKay Metis Community Association.

Canada: Ontario court OKs cross-border Nortel arbitration

Jun 21, http://metronews.ca/news/canada/714970/ont-court-oks-cross-border-nortel-arbitration/

TORONTO - Ontario's top court has dismissed a motion by several parties involved in a long-standing dispute over $9 billion in residual assets of former technology giant Nortel Networks.

Chilean government paid nearly $ 1,250 million on court costs Clarin

Jun 21, http://noticias.terra.cl/nacional/chile-paga-us-25-millones-a-fundacion-presidente-allende,3bede49fccf5f310VgnCLD2000000ec6eb0aRCRD.html

The case was brought to ICSID by Victor Pey and Spanish President Allende Foundation (APF), owners of the newspaper, which at the time of the military coup of September 11, 1973 was the largest circulation in Chile.

Monto corresponde a las costas del juicio por la incautación del Diario Clarín que enfrentó a esa fundación, dirigida por el español Joan Garcés, y al empresario Víctor Pey con el Estado chileno.

China Agrees to Asean Sea Talks Amid Philippines Warning

Jun 30, http://www.bloomberg.com/news/2013-06-30/china-agrees-to-asean-talks-on-sea-spat-amid-philippine-warning.html

Talks on a code of conduct between China and the 10-member Association of Southeast Asian Nations will begin in September, according to a joint statement released after the two sides met in Brunei yesterday. The move represents a reversal from a year ago, when Asean failed to show a united front amid Chinese pressure to avoid discussing the topic at regional meetings.

China Fishery says to start arbitration against Veramar

Jun 27, http://www.reuters.com/article/2013/06/27/chinafish-copeinca-idUSL3N0F004020130627?type=companyNews&feedType=RSS&feedName=companyNews

Reuters - China Fishery Group Ltd said on Thursday it intends to start arbitration proceedings against Veramar Azul in Peru over the latter's failure to transfer a call option that will let the Singapore-listed firm raise its stake in Copeinca ASA.

China, EU Willing to Solve PV Dispute Through Negotiation

Jun 21, http://english.cri.cn/6909/2013/06/21/2561s771419.htm

Gao made the remarks at a press conference following a session of the China-EU Trade and Economic Joint Committee held on the same day. Issues concerning bilateral trade and economic cooperation were discussed at the meeting, including the PV issue, according to Gao. "Both sides are sincerely engaged in working towards an amicable solution," EU Trade Commissioner Karel De Gucht said at the press conference.

China: Premier promotes creation of FTA with EU

Jun 29, http://www.chinadaily.com.cn/cndy/2013-06/29/content_16686016.htm

China would "welcome" the creation of a free trade agreement with the European Union, its largest trading partner, but it could "take time" to be established, Premier Li Keqiang said on Friday.

Commonwealth REIT Secures Favorable Arbitration Ruling

Jun 28, http://www.skadden.com/news-events/commonwealth-reit-secures-favorable-arbitration-ruling

Skadden represented Commonwealth REIT in obtaining a favorable ruling denying a motion brought by 15 tenants seeking to consolidate rent arbitration proceedings into a single, joint proceeding against the commercial property owner. On June 27, Judge Alan C. Kay of the U.S. District Court for the District of Hawaii denied the plaintiffs' motion, holding that the Federal Arbitration Act did not permit consolidated arbitration where, as in this instance, the parties had not agreed to it.

Consider signing an ADR amicus brief! (Bakoss v. Lloyd's of London)

Jun 28, http://www.indisputably.org/?p=4799

From FOI Kristen Blankley: I would like to invite all ADR scholars to review and sign an amicus curiae brief in the important arbitration case of Bakoss v. Lloyd's of London. This case is currently before the Supreme Court on a petition for certiorari. The case deals with the definition of "arbitration" under the Federal Arbitration Act. Specifically, the case involves whether certain third party valuations constitute "arbitration" under the FAA.

Director of Energy Community Secretariat claims risks of transfer of Ukrainian GTS to Gazprom

Jun 6, http://www.interfax.co.uk/ukraine-news/director-of-energy-community-secretariat-claims-risks-of-transfer-of-ukrainian-gts-to-gazprom/

Kyiv, June 6 (Interfax-Ukraine) - Director of the Energy Community Secretariat Janez Kopac has said that as the practice of recent years shows, Gazprom does not observe the generally used rules of the European Union, so the transfer of the Ukrainian gas transport system (GTS) to it could result in negative consequences.

Dueños de terrenos en ZMT de Parque Marino Baulas van al CIADI

Jun 21, http://www.elpais.cr/frontend/noticia_detalle/1/82647

Un grupo de propietarios de terrenos en el Parque Nacional Marino Baulas, en Guanacaste, acudieron al CIADI, del Banco Mundial, para reclamar a Costa Rica el pago de sus propiedades en esa zona de Santa Cruz. Los inversionistas dijeron que están representados por un canadiense experto en derecho internacional de inversiones, Todd Weiler, Vianney Saborío Hernández, y por Fasken Martineau DuMoulin LLP.

Ecuador offers U.S rights aid, waives trade benefits

Jun 28, http://www.firstpost.com/world/ecuador-offers-u-s-rights-aid-waives-trade-benefits-912053.html

Reuters - Ecuador's leftist government thumbed its nose at Washington on Thursday by renouncing U.S. trade benefits and offering to pay for human rights training in America in response to pressure over asylum for former intelligence contractor Edward Snowden.

El arbitraje es la nueva forma de resolver las controversias en América - Antonio Aljure

Jul 02, http://www.larepublica.pe/24-06-2013/el-arbitraje-es-la-nueva-forma-de-resolver-las-controversias-en-america

El especialista colombiano dictó conferencias magistrales sobre Arbitraje Internacional en la Universidad Continental de Huancayo y en su Escuela de Postgrado con sede en Lima.

Endesa achieves compromise with GasAtacama

Jun 19, http://www.df.cl/endesa-logra-avenimiento-con-southern-cross-por-gasatacama/prontus_df/2013-06-19/160556.html

La Empresa Nacional de Electricidad (Endesa) informó esta tarde que logró un avenimiento con Southern Cross Latin American Private Equity Fund III por las discrepancias que sostenían respecto del acuerdo de accionistas de Gasatacama.

EU-US: Francois Hollande tells the US to stop eavesdropping on Europe if it wants progress on trade deal

Jul 02, http://www.telegraph.co.uk/news/worldnews/northamerica/usa/10152478/Francois-Hollande-tells-the-US-to-stop-eavesdropping-on-Europe-if-it-wants-progress-on-trade-deal.html

President Francois Hollande threatened to block negotiations on a transatlantic free trade treaty yesterday as European leaders rounded on the US over revelations that America spied on its allies.

EU-US: MEPs calls for freezing EU-US trade talks over spying allegations

Jul 02, http://www.euractiv.com/global-europe/meps-call-freezing-eu-us-trade-t-news-529020

Some EU policymakers said talks for a free trade agreement between Washington and the EU should be put on ice until further clarification from the United States over revelations that American spies wiretapped European Union buildings in Brussels and Washington.

EVN AG commences investment treaty arbitration against the Republic of Bulgaria

Jun 21, http://www.evn.at/Investoren/Pressemeldungen/EVN-AG-leitet-Schiedsverfahren-nach-Investitionssc.aspx

EVN AG notified the Republic of Bulgaria, in March 2013, of its claims under internationalinvestment treaties in connection with Bulgaria's breaches of public international law. This dispute arises out of actions by Bulgarian regulatory authorities and government agencies in relation to the pricing of electricity and compensation for public obligations in respect to renewable energy. These measures have caused substantial damage to EVN AG and its affiliates. In its notice, and on several occasions since, EVN AG has invited the Bulgarian Government to enter into negotiations in order to achieve an amicable settlement. Yet, these efforts have so far not led to a resolution of this dispute.

Therefore, in order to safeguard its interests, EVN AG has initiated international arbitration proceedings at the International Centre for Settlement of Investment Disputes (ICSID), which forms part of the World Bank group.

Taking into consideration that the new government of the Republic of Bulgaria has just taken office, EVN AG would like to emphasize that it remains interested in settling the matter amicably in the interests of both parties.

Finland: New Note on the Use of a Secretary and the Arbitrator's Guidelines

Jun 28, http://arbitration.fi/en/news/

The Arbitration Institute has published a new Note on the Use of a Secretary and the Arbitrator's Guidelines. They are applicable in arbitrations governed by the Arbitration Rules and the Rules for Expedited Arbitration of the Finland Chamber of Commerce, both effective as of 1 June 2013.

The Note on the Use of a Secretary sets out binding instructions regarding the appointment, duties and remuneration of a secretary appointed by an arbitral tribunal. Each arbitrator and secretary appointed by an arbitral tribunal shall undertake to comply with the instructions contained in the Note in all arbitrations conducted under the Rules and the Expedited Rules.

The Arbitrator's Guidelines, on the other hand, are issued in two different versions: one for proceedings governed by the Rules and the other for proceedings conducted under the Expedited Rules. The Guidelines provide the arbitral tribunal with practical information and guidance on the assessment of conflicts of interest and the arbitrator's related duty of disclosure, general conduct of the proceedings and the payment of the arbitrators' fees and expenses. The Guidelines are not intended and shall not be treated as additional rules of procedure, and failure by an arbitral tribunal to comply with the Guidelines shall not be construed as a ground for the setting aside of any award.

To access the Note on the Use of a Secretary and the Arbitrator's Guidelines, please refer to: http://arbitration.fi/en/rules/guidelines-and-instructions/

Following up on the EU Single Market Acts - EFTA

Jul 03, http://www.efta.int/eea/eea-news/2013-07-03-subcommittee-i-iv.aspx

Representatives from the Ministries of Foreign Affairs in Iceland, Liechtenstein and Norway met with the European External Action Service (EEAS) on 2 July 2013 when the Joint Subcommittees I-IV met to discuss matters related to the EEA Agreement, including the implementation of the EU Single Market Act I and II.

Deputy Head of Single Market Policy in DG Markt, Olivier Girard, presented the Commission's views on the EEA EFTA Comment on the follow-up of the Single Market Act I and II, which was submitted to the EU side on 3 June 2013.

...

France challenges arbitration award in Tapie inquiry

Jun 28, http://www.reuters.com/article/2013/06/28/france-tapie-idUSL5N0F417K20130628?feedType=RSS&feedName=telcommunicationsServicesSector

Reuters - The French state legally challenged the 403 million euros ($524 million) arbitration award granted a French tycoon in 2008 after his dispute with now-defunct bank Credit Lyonnais, a lawyer in the case told Reuters on Friday.

Bernard Tapie placé en garde à vue

Jun 24, http://www.liberation.fr/politiques/2013/06/24/arbitrage-bernard-tapie-place-en-garde-a-vue_913245

Bernard Tapie a été placé en garde à vue lundi matin à l'Hôtel-Dieu dans le cadre de l'enquête sur l'arbitrage qui lui avait octroyé en 2008 plus de 400 millions d'euros dans son litige avec le Crédit Lyonnais sur la vente d'Adidas, selon une source proche de l'enquête.

Gas Exporters to Defend Pricing System as Courts Reject Oil Link

Jun 30, http://www.bloomberg.com/news/2013-06-30/gas-exporters-to-defend-pricing-system-as-courts-reject-oil-link.html

Tying gas costs to oil will dominate "in the long-term" as the system provides visibility and transparency for buyers, the Gas Exporting Countries Forum said before its second summit of heads of state today in Moscow. RWE AG (RWE) said June 27 an arbitration court ruled that Germany's second-largest utility had paid Russia's OAO Gazprom too much since May 2010 and forced the group's biggest producer to add links to market prices in its formula.

Hong Kong: Secretary for Justice Rimsky Yuen promotes HK arbitration

Jun 28, http://www.menafn.com/5457acf3-ed73-44bf-88bb-bcca9866b887/SJ-promotes-HK-arbitration?src=main

Hong Kong is well placed to handle all kinds of arbitration because the city has a mature common law legal system, internationally renowned arbitration institutions, well-developed arbitration facilities, and talent with global vision and a solid grasp of international rules. This was the message from Secretary for Justice Rimsky Yuen, speaking at the Asia Pacific Regional Arbitration Group Conference 2013 opening ceremony in Beijing today.

How Gazprom's $1 trillion dream has fallen apart

Jun 28, http://articles.chicagotribune.com/2013-06-28/business/sns-rt-us-russia-gazprom-dream-20130628_1_gazprom-alexei-miller-gas-producer

Reuters - Zoya Danilina, who owns some 700 shares in Gazprom , says investors don't have to look far to understand that Russia's most powerful company has lost its way.

India wants royalty row to be settled locally

Jun 26, http://www.upstreamonline.com/live/article1330819.ece

India's Oil Ministry has argued that arbitration proceedings by BG Group and Reliance Industries over the reimbursement of royalties and taxes related to Panna, Mukta and Tapti (PMT) fields should be settled in India's courts.

India: Bombay HC CJ moots for greater role of mediation

Jun 25, http://www.business-standard.com/article/current-affairs/bombay-hc-cj-moots-for-greater-role-of-mediation-113062300659_1.html

While number of pending cases in the courts of the countries keep growing, amendments to the existing laws will not help, but a change in approach will, said Justice Mohit Shah, chief justice, Bombay High Court.

India: Commercial dispute settled through arbitration in Tirupur

Jul 01, http://www.thehindu.com/news/cities/Coimbatore/commercial-dispute-settled-through-arbitration-in-tirupur/article4863085.ece

The Arbitration Council of Tirupur (ACT), constituted with representatives of various textile associations and legal experts, has settled a commercial dispute to the tune of Rs. 71.6 lakh involving a Tirupur-based yarn supplier and foreign textile company.

India: Oil ministry seeks settlement of PMT royalty issue in India

Jun 26, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/oil-ministry-seeks-settlement-of-pmt-royalty-issue-in-india/articleshow/20768803.cms

The oil ministry is resisting arbitration proceedings by oil major BG and Reliance Industries over reimbursement of royalties, and taxes in the Panna, Mukta and Tapti (PMT) fields, and has argued that the matter should be settled in an Indian court.

India: S band deal: Another blow for Antrix, this time from law ministry

Jun 27, http://www.dnaindia.com/india/1853748/report-s-band-deal-another-blow-for-antrix-this-time-from-law-ministry

The Antrix Corporation, the marketing arm of Isro, has received a setback as the union law ministry has turned down its plea for filing a petition in the Supreme Court seeking review of its order in the Devas case. The top court had in May this year dismissed the plea of Antrix for arbitration of dispute with Devas, whose controversial Rs 1,000 crore deal for S-band spectrum with Antrix was annulled by it.

India: Vodafone seeks more time to respond to conciliation proposal

Jun 23, http://zeenews.india.com/business/news/technology/vodafone-seeks-more-time-to-respond-to-conciliation-proposal_78542.html

New Delhi: British telecom giant Vodafone has written to the tax department saying it needs some more time to reply to the latter's proposal for entering into a non-binding conciliation to resolve the long-standing tax dispute.

International Cotton Association (ICA) arbitrations half year update

Jul 04, http://www.ica-ltd.org/blog/arbitrations-half-year-update

At the half year stage, we received 52 requests for arbitration, a marked reduction compared to the 135 requests we received during the same period last year.

During 2012, as continued market volatility resulted in more parties failing to honour their contractual obligations, arbitration requests at the ICA reached a record high of 247 requests, over five times the normal yearly average. These latest half year results see a welcome return to 'normal' operating conditions here at the ICA.

"In an ideal world we want to see zero arbitrations, with all contracts being honoured and all disputes being settled amicably," says Ahmed Elbosaty, ICA President. "It is an ambitious goal, but we believe that the events of the past highlight the importance of contract sanctity and responsible trading.

"Whilst it is difficult to predict what the future holds, sadly many firms do not take a long term, strategic view. They fail to develop strong relationships or respect contract sanctity. Those that do are much better equipped to agree a way forward with their trading partners in difficult times. That is why we are continuing our efforts to strengthen the ICA community, welcoming more new members that represent the entire value chain and have the integrity to abide by contract sanctity."

Last year ICA membership grew by 15 per cent. We now have over 530 members (firms and individuals) and there are more mills and spinners in the ICA community than ever before. We have also introduced new membership categories for agents and associations to help represent the entire supply chain.

We admit that we did struggle to cope with the high volumes of arbitrations and we are now in the process of introducing a series of initiatives to ensure that our global arbitration system is fit for purpose should the industry experience another blip.

"With the drop in arbitration requests, our plans to improve and modernise our arbitration system have gathered pace", says Kai Hughes, ICA Managing Director. "We have appointed a new 'Head of Arbitration' and a lot of work is going on behind the scenes to streamline the process and reduce the cost and time taken for arbitrations, for instance digitising files and developing an electronic case management system. Our members also voted in new changes to introduce a pool of 10 'chairmen' who will be responsible for writing awards, mentoring new arbitrators and chairing tribunals and technical appeals. A move designed to increase the quality and enforceability of our awards and improve the proficiency of our arbitrators.

"We sincerely hope that arbitration requests continue to drop. If the cotton community works together to promote safe trading and contract sanctity, this could be achieved."

Interview with Hon. William A. Dreier - A Firm Exponent of ADR

Jun 25, http://www.metrocorpcounsel.com/articles/24452/firm-exponent-adr

The Editor interviews The Hon. William A. Dreier of Norris, McLaughlin & Marcus, P.A. on his ADR practice.

Iran arbitration laws & regulations changing

Jul 02, http://www.presstv.ir/detail/2013/07/02/311954/iran-arbitration-laws-regulations-chamber-commerce-draft-judiciary/

Iran arbitration laws and regulations changing. Even though Iran in its civil code, ratified in 2000, has a chapter about arbitration, experts say that this amicable dispute resolution technique can be used more efficiently with new laws and regulations. The Secretary General of Arbitration Center of Iran Chamber of Commerce stated that the new draft arbitration laws and regulations are necessary for better trade and talked about its many aims.

Iran Rejects Reports about Replacing Russian S-300 with Tor Defense Systems

Jul 03, http://english.farsnews.com/newstext.aspx?nn=13920412001331

"The reports released on the replacement of S-300 with Tor missiles by Russia is strongly rejected," Commander of Khatam ol-Anbia Air Defense Base Brigadier General Farzad Esmayeeli said Wednesday.

Joint arbitration center to drive Saudi-Egypt trade

Jun 28, http://arabnews.com/news/456438

The Saudi-Egyptian Business Council aims to set up a joint arbitration center before January to expedite the resolution of business disputes, said a top official. "We would like to increase our investments in Suez Canal for establishing storage, packaging and re-export facilities," said Abdullah bin Mahfouz, chairman of the council.

Kazaksthan: Nazarbayev inks Law on strenthening arbitration system and court

Jul 04, http://www.inform.kz/eng/article/2571653

KAZINFORM - President Nursultan Nazarbayev has signed the Law of the Republic of Kazakhstan "On amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement of arbitration and arbitration court", aimed at strengthening the system of arbitration and arbitration courts, as well as expanding the scope of using pre-trial settlement of disputes.

Kenya: Nairobi to host arbitration centre

Jun 25, http://www.theeastafrican.co.ke/news/Nairobi-to-host-arbitration-centre-/-/2558/1891184/-/3abw6j/-/index.html

An International Centre for Arbitration is to be established in Nairobi. A new law that defines the functions and operations of the Centre — the Nairobi International Centre for Arbitration Act (No 26 of 2013) — has been enacted to facilitate the process.

...

The new centre for arbitration is expected to help in securing speedy resolution of commercial disputes, especially those involving regional and international investors.

It is expected to overcome the uncertainty of judicial proceedings in national courts where a backlog of cases has discouraged many investors keen on a quick disposal of commercial disputes.

The expansion of regional trade and the revival of the East African Community are expected to increase the number of commercial disputes that require speedy resolution.

...

The enactment of the International Centre for Arbitration Act is expected to create legal safeguards that will enable Nairobi to become an attractive destination for foreign investors seeking the services of international institutional arbitrators.

Kiev court endorses amicable settlement between Vanco and Ukraine

Jun 07, http://rapsinews.com/judicial_news/20130607/267695386.html

RAPSI - The Pechersky District Court in Kiev has endorsed the amicable settlement between Ukraine and Vanco, the license holder of the Prikerchensky offshore area, the UNIAN agency reported on Friday.

Kuala Lumpur task force to probe special graft cases

Jun 28, http://thestar.com.my/news/story.asp?file=/2013/6/28/nation/13297666&sec=nation

KUALA LUMPUR: A new task force has been set up to investigate corruption cases in various areas of expertise like the case of arbitrator Yusof Holmes Abdullah.

Kumtor and Transparency International - Kyrgyzstan to Launch a Joint Project

Jun 28, http://www.kumtor.kg/en/kumtor-and-transparency-international-kyrgyzstan-to-launch-a-joint-project/

Kumtor Company and Transparency International - Kyrgyzstan are launching a joint project, "Development Pact: an accountability tool in the hands of communities." The purpose of the Project is to unite the communities' and authorities' efforts in improving public access to public goods and municipal services, on the one hand, and the quality of services provided to Issyk-Kul communities, on the other. The Project will be implemented in Issyk-Kul province within the next 12 months.

A Development Pact is a public agreement regarding the region development to be concluded between local authorities and communities to enable rural residents to participate in decision-making on government and municipal services. Under the Project, the regional authorities and communities are supposed to make formal commitments to put in place regional development projects that will have clear deadlines.

The Project will include a series of training sessions to be held both for individuals and local self-government officials with a view to improving the authorities' transparency and accountability. Public representatives will learn more about the importance of active civil initiatives as exemplified by Development Pacts effective in other countries. The training sessions will be followed by creation of a supervisory committee to be elected by community members.

"The action seeks to demonstrate how the mutually beneficial convergence of efforts of existing actors brought together in a 'Development Pact' can lead to improved access to public goods and services. Pacts allow constructive partnerships to emerge between multiple stakeholders - local authorities, companies, and community. Development Pacts will help to involve the Issyk-Kul communities to local level decision-making and implementation from planning and prioritization of tasks throughout summing up and thereby reduce the gap and lack of trust between the public and the authorities", said Aigul Akhmatjanova, head of the TI-Kyrgyzstan office.

"We are really concerned about the future of the Issyk-Kul region. We are hopeful that the development pacts will facilitate a constructive dialogue between the local self-government bodies and communities. It is extremely important that the voice of the communities be heard by the authorities and they maintain mutually beneficial cooperation for the good of the Issyk-Kul region," said Michael Fischer, President of Kumtor Operating Company.

Lonmin - Update on Arbitration Process

Jun 27, https://www.lonmin.com/downloads/media_centre/news/press/2013/Update_on_Arbitration_Process_-_26_June_2013_-_FINAL.pdf

Lonmin Plc ("the Company") agreed this morning (Wednesday 26 June 2013) to postpone scheduled arbitration with the Association of Mineworkers and Construction Union (AMCU) over the ongoing union recognition dispute at AMCU's request.

The Company agreed to an AMCU request to delay the talks in order to allow the process of engagement, led by The Deputy President of The Republic of South Africa (which involves business, government and labour), to take its course. Lonmin welcomes and supports this initiative.

At this morning's meeting, the presiding Commissioner joined the National Union of Mineworkers, United Association of South Africa and Solidarity as interested parties to the arbitration proceedings, which will re-commence on 29 July 2013, again under the auspices of The Commission for Conciliation, Mediation and Arbitration (CCMA).

Lonmin remains fully committed to concluding a new union recognition agreement with AMCU as the majority union. The Company is striving to reach an agreement which is in the best interests of all of its employees and has made reasonable offers in discussions with AMCU in an attempt to achieve this. Lonmin believes that an agreement can be reached through continued negotiations.

Full details on Lonmin's labour relations position are available on a fact sheet on the Company's website. Lonmin will update the market again when appropriate.

Malaysia: Arbitrator denies asking for RM6mil to rule in favour of firm

Jun 27, http://thestar.com.my/news/story.asp?file=/2013/6/27/nation/13291468&sec=nation

Malaysia: KLRCA's revised Code of Conduct for Arbitrator

Jun 25, http://www.klrca.org.my/scripts/list-posting.asp?recordid=386

KLRCA has revised its Code of Conduct for Arbitrator in line with our efforts to battle corruption. KLRCA had also recently signed a Corporate Integrity Pledge (CIP, http://www.klrca.org.my/scripts/list-posting.asp?recordid=381) with the Malaysian Anti-Corruption Commission (MACC). The pledge was signed by Professor Datuk Sundra Rajoo, Director of KLRCA. The revised Code of Conduct had inserted new anti-corruption provisions in line with the CIP.

Download the revised Code of Conduct for Arbitrator here: http://www.klrca.org.my/userfiles/File/KLRCA%20CODE%20OF%20CONDUCT%20FOR%20ARBITRATORS.pdf

Malaysia: Kuala Lumpur Regional Centre for Arbitration (KLRCA) declares war on corruption

Jun 23, http://thestar.com.my/news/story.asp?file=/2013/6/23/nation/13276650&sec=nation

THE Kuala Lumpur Regional Centre for Arbitration (KLRCA) has signed the Corporate Integrity Pledge (CIP) with the Malaysian Anti-Corruption Commission (MACC) and is collaborating with Pemandu and Bar Council to ensure an environment that is fair, transparent and free from corruption in arbitration practices.

See also http://www.klrca.org.my/scripts/list-posting.asp?recordid=385

Maldives: Anti-Corruption Commission (ACC) report coincides with imminent GMR arbitration response

Jun 24, http://www.haveeru.com.mv/news/49577

The anti-corruption body's report ruling out corruption in the deal to award Ibrahim Nasir International Airport (INIA) to Indian infrastructure giant GMR Group was publicised when GMR's response in the arbitration proceedings was imminent, Haveeru has learned.

Maldives: GMR seeks $1.4 billion in damages from Maldives govt, MACL

Jun 24, http://www.moneycontrol.com/news/cnbc-tv18-comments/gmr-seeks-3614-billiondamagesmaldives-govt-macl_903328.html

GMR is seeking USD 1.4 billion dollar in damages from the Maldives government and Maldives Airports Company Limited for the termination of its contract. The infrastructure major, which lost its right to expand and develop the Ibrahim Nasir International Airport in Male, has submitted its arguments to a Singapore international arbitration centre, CNBC-TV18's Sunanda Jayaseelan reports.

Maldives: President ratifies Arbitration Bill

Jul 04, http://www.news.gov.mv/1695

According to the President's Office, the objective of the bill is to establish an alternative dispute resolution mechanism of arbitration in accordance with the international best practices.

Managing Client Relationships - The Truth in Professional Services 2013 [pdf]

Jul 03, http://www.mpfglobal.com/system/file.aspx?fn=CRM_professional_report_2013.pdf

This is the fifth time that the Managing Partners’ Forum (MPF) and The Thriving Company, in association with the PM Forum, have surveyed CRM activities and results specific to professional firms. We’ve now got well over 1,000 contributions from firms during the life of this study.

Mexico: Entra en vigor TLC México-Costa Rica

Jul 02, http://www.prensalibre.com/economia/Entra-vigor-TLC-Mexico-Costa-Rica_0_948505142.html

El Ministerio costarricense de Comercio Exterior (Comex) recordó que este tratado es el resultado de un proceso de convergencia entre los TLC que México tenía de manera bilateral con Costa Rica y Nicaragua, y otro con el triángulo norte centroamericano, Guatemala, Honduras y El Salvador.

Mexico: Regional free trade agreement with Mexico enters into force

Jul 01, http://www.ticotimes.net/More-news/News-Briefs/Regional-free-trade-agreement-with-Mexico-enters-into-force_Monday-July-01-2013, http://www.ticotimes.net/More-news/News-Briefs/Regional-free-trade-agreement-with-Mexico-enters-into-force_Monday-July-01-2013

A free trade agreement between Central America and Mexico entered into force this week, the Costa Rican Foreign Trade Ministry (COMEX) reported on Monday.

Mongolia's Elbegdorj Seeks Re-Election on Anti-Graft Drive

Jun 26, http://www.bloomberg.com/news/2013-06-26/mongolia-s-elbegdorj-seeks-re-election-on-anti-corruption-drive.html

Mongolia President Tsakhia Elbegdorj is positioned to cement his party's hold on the mineral-rich country, with a poll showing he is front-runner to win re-election after campaigning on his anti-corruption credentials.

More options for arbitration to settle commercial disputes in Middle East

Jul 03, http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20130703172138

JEDDAH – Breaches of contract and payment defaults are the biggest causes of commercial disputes for companies operating overseas today, a new research conducted by The Economic Intelligence Unit (EIU) for global law firm Reed Smith revealed Tuesday.

MTS, Altimo and Nomihold Reach Settlement Over Bitel

Jun 25, http://www.mtsgsm.com/news/2013-06-25-50768/

Moscow, Russian Federation - Mobile TeleSystems OJSC ("MTS" - NYSE: MBT), the leading telecom operator in Russia and CIS, and Altimo Holdings and Investments Limited (a BVI company) and Altimo LLC (Russian company) (collectively "Altimo"), a telecom arm of Alfa Group, announced that an agreement has been reached between Altimo, MTS and Nomihold Securities Inc. (''Nomihold'') and other associated parties to settle all disputes that have arisen from investment in Bitel LLC, formerly the leading mobile telephony operator in the Kyrgyz Republic.

The agreement covers matters involving a number of parties and legal proceedings, including those in the Isle of Man, London, Luxembourg and the Seychelles. Pursuant to the agreement all proceedings between the parties, and their associated parties, have been discontinued and waived, and MTS shall receive a total payment up to $150 million, including an amount of $125 million which has been received by MTS as of the date hereof. All parties will make the necessary submissions to the respective courts and tribunals to document the settlement, which, among other actions, would fully discharge any and all outstanding obligations under the award rendered by the London Court of International Arbitration (LCIA) against MTS Finance SA ("MTSF"), a subsidiary of MTS, in January 2011, as well as settle the tripartite arbitration between MTS, MTSF and Nomihold and a tort action filed by Nomihold against MTS in the English Courts.

Altimo and MTS have acknowledged the importance of finding a commercial solution that will allow them to focus fully on their goals of developing their respective telecommunications markets throughout the world.

México será integrado a TLC entre EU y la UE: SE

Jul 01, http://eleconomista.com.mx/industrias/2013/07/01/mexico-sera-integrado-tlc-entre-eu-ue-se

El gobierno federal prevé que México forme parte de las cadenas productivas con preferencias arancelarias en el Tratado de Libre Comercio (TLC) entre Estados Unidos y la Unión Europea.

Nepal: Himalayan Bank, BoK seek MWSDB's support in fighting Chinese case

Jul 02, http://www.myrepublica.com/portal/index.php?action=news_details&news_id=57145

Himalayan Bank and Bank of Kathmandu (BoK) have formally requested Melamchi Water Supply Development Board (MWSDB) to join hands in fighting a legal battle against China Railway 15 Bureau Group Corporation -- the ousted contractor of Melamchi Water Supply Diversion Project -- which moved the Chinese court and obtained an order that halted payment of over Rs 1 billion to two Nepali banks.

Nigeria: Lagos Court of Arbitration restates plans to resolve business disputes

Jun 26, http://www.punchng.com/news/arbitration-court-restates-plans-to-resolve-business-disputes/

President of the Lagos Court of Arbitration, Mr. Babajide Ogundipe, has declared the readiness of the court to offer alternative dispute resolution.

No rush on Canada-India trade deal, says Canadian high commissioner

Jun 25, http://www.ipolitics.ca/2013/06/25/no-rush-on-canada-india-trade-deal-says-canadian-high-commissioner/

While Canada aims to conclude free trade negotiations with India by the “year’s end or early next year,” it’s in no rush to meet that deadline, according to Canadian High Commissioner to India Stewart Beck.

Oman: Salalah to host forum on commercial arbitration

Jun 24, http://www.timesofoman.com/News/Article-18512.aspx

Salalah: The GCC Commercial Arbitration Centre, in collaboration with the Oman Chamber of Commerce and Industry (OCCI) branch in the Governorate of Dhofar, will sponsor the 18th Salalah Annual Forum from August 18th to 20th at the Crowne Plaza Resort in Salalah, under the auspices of Dr Ali bin Mas'oud al-Sunaidi, Minister of Commerce and Industry.

Pakistan Mediators Association launched, to serve investors

Jun 25, http://pakobserver.net/detailnews.asp?id=210785

Karachi—International Finance Corporation, private sector arm of the World Bank Group, trained Accredited Mediators and Master Trainers have launched Pakistan Mediators Association (PMA) in all the four provinces of Pakistan.

Pakistan: Canadian company to file $ 400 million international arbitration

Jul 01, http://www.onlinenews.com.pk/details.php?newsid=230925&catname=Business

KARACHI: Canadian High Commissioner Greg Giokas has announced that Canadian company, which invested $ 400 million in Reko-dik project, has decided to refer to international arbitration.

Pakistan: Islamabad''s position in relation to Reko Diq project: Balochistan government to be held responsible if ICA rules in favour of TCC

Jul 02, http://www.brecorder.com/taxation/181/1205811/

The federal government has made it clear to Balochistan government that if the International Court of Arbitration (ICA) decides in the favour of Canadian and Chilean joint venture Tethyan Copper Company (TCC) with respect to Reko Diq, the responsibility will fall on the provincial government.

Pakistan: OMV presses government to address gas price row - Tajjal field

Jun 25, http://tribune.com.pk/story/567773/tajjal-field-omv-presses-government-to-address-gas-price-row/

Austrian oil and gas firm OMV has pressed the new government of Pakistan Muslim League-Nawaz (PML-N) to resolve the dispute over gas price for Tajjal field, part of the Gambat block in Sindh, granted to the company by the government under the Petroleum Policy 1994 that places no price cap.

Perú rechaza arbitraje por controversia con Guatemala

Jun 25, http://www.s21.com.gt/pulso/2013/06/25/peru-rechaza-arbitraje-controversia-guatemala

[Machine translation] Peru rejected today in the World Trade Organization (WTO), the first request for the establishment of a panel to adjudicate on a complaint by Guatemala due to additional tariffs charged the first country to imports of certain agricultural products.

Philip Morris Int'l Welcomes Decision by World Bank Tribunal to Hear Treaty Challenge to Uruguay's Excessive Tobacco Measures

Jul 03, http://investors.pmi.com/phoenix.zhtml?c=146476&p=irol-newsArticle&ID=1835071&highlight=

LAUSANNE, Switzerland--(BUSINESS WIRE)--Jul. 3, 2013-- Philip Morris International (PMI) (NYSE/Euronext Paris: PM) welcomed the decision by a World Bank arbitration tribunal to hear a claim that Uruguay violated multiple provisions of its Bilateral Investment Treaty (BIT) with Switzerland. In order to attract foreign investment, Uruguay signed more than twenty BITs under which it made firm commitments to respect intellectual property rights and the rule of law. At issue in this case are extreme and unnecessary restrictions imposed on the sale and packaging of tobacco products that conflict with Uruguay's obligations under the treaty.

Commenting on the ruling, PMI spokesperson Julie Soderlund said:

"This ruling holds Uruguay accountable to its international obligations, accountability the country sought to avoid in domestic courts and again before this Tribunal.

"The measures unjustifiably restrict legitimate businesses from selling their products and using their trademarks while increasing incentives for black market cigarettes, which already amount to a quarter of all tobacco products consumed in the country.

"We look forward to a full and independent assessment of these arbitrary and unnecessary regulations."

At issue in this case are two regulations that Uruguay imposed in 2009:

In rejecting Uruguay's jurisdictional objections, the Tribunal cleared the way for PMI to show that these two regulations are arbitrary, unnecessary and violate the country's international commitments.

The Tribunal will, in consultation with the parties, establish a briefing schedule to address the merits of the dispute, followed by a hearing. The hearing is likely to take place towards the end of 2014 or in early 2015. It is expected a decision will be reached in 2 to 3 years.

Philippines keen on arbitration in China dispute

Jun 27, http://www.abs-cbnnews.com/nation/06/26/13/philippines-keen-arbitration-china-dispute

MANILA, Philippines - The Philippines is resolved to seek through arbitration a lasting and durable solution to the maritime dispute with China after Vietnamese and Chinese officials agreed to settle their dispute peacefully, Foreign Affairs Secretary Albert del Rosario reiterated Wednesday.

Rafael Correa insta a la Unasur a priorizar la creación del Centro Regional de Arbitraje

Jun 29, http://www.ntn24.com/node/96838/

El presidente ecuatoriano, Rafael Correa, instó este sábado a la Unión de Naciones Suramericanas (Unasur) a priorizar la creación de una Centro Regional de Arbitraje, para evitar que sus Estados sean sometidos a tribunales internacionales, según él, sometidos a los intereses del gran capital.

Repsol Rejects $5 Bln Compensation Offer From Argentina For YPF Seizure

Jun 26, http://www.repsol.com/imagenes/es_en/HR_Oferta_YPF_26062013_ing_tcm11-652552.pdf

The Board of Directors of Repsol in a meeting held today unanimously rejected the compensation offer it had received for the expropriation of YPF and which had been analyzed.

Following an exhaustive technical and economic internal analysis, supported by external specialist reports, the Board of Directors considered unsatisfactory for the interests of the company the offer formulated at a nominal value of $5 billion, as it does not satisfy the losses suffered by Repsol, is constructed on overvalued assets far from market values seen in recent transactions in Argentina and the United States and has a structure which is far from the declared interests of Repsol for an agreement (lacks a realizable or disposable monetary compensation, does not have the minimum necessary legal nor economic guarantees and requires significant and compulsory investment).

The analyzed offer involved giving Repsol a stake in a joint venture made up of assets representing only 6.4% of the total held by YPF in Vaca Muerta. In the joint venture controlled by YPF (51%), Repsol would have a 47% stake and Pemex 2%. The Argentinean Government valued its offer at $5 billion distributed in stakes of assets in Vaca Muerta worth $3.5 billion and $1.5 billion in capital to be necessarily invested in the development of the venture.

The Board of Directors of Repsol and its executive team are pleased to note the interest of the Argentinean Government in a negotiated solution and hopes that said government maintains, as Repsol does, an open attitude to dialogue to attempt to reach an agreement, negotiated through the appropriate corporate channels, with the necessary serenity and balance and which represents a fair compensation and the end of the claims surrounding the expropriation.

Ruling in Canada-China FIPA challenge likely months away: Justice spokesperson

Jul 02, http://www.ipolitics.ca/2013/07/02/ruling-in-canada-china-fipa-challenge-likely-months-away-justice-spokesperson/

When Foreign Minister John Baird visits China this week, he won’t be able to promise quick ratification of the Canada-China foreign investment protection agreement (FIPA).

Rurelec is the master of its own timetable again

Jun 27, http://www.proactiveinvestors.com/companies/news/45493/rurelec-is-the-master-of-its-own-timetable-again-45493.html

After three years of hatch-battening, Latin America-focused power group Rurelec (LON:RUR) finally has all of its pieces in the right positions to move forward again. So says Peter Earl, the company's chief executive, who has just negotiated the acquisition of two gas turbines from related company IPSA, and the takeover of power plant contractor IPC.

Russia offers Iran different defense system amid lawsuit

Jun 22, http://www.upi.com/Top_News/World-News/2013/06/22/Russia-offers-Iran-different-defense-system-amid-lawsuit/UPI-98121371925933/

UPI -- Russia has offered to give an air defense system to Iran in an effort to stop a $4 billion lawsuit over failing to provide Tehran with an S-300 missile system.

Russia Sues US Library of Congress Over Jewish Texts

Jul 01, http://en.ria.ru/russia/20130701/181989414/Russia-Sues-US-Library-of-Congress-Over-Jewish-Texts.html

RIA Novosti - The Russian Culture Ministry on Monday filed a lawsuit against the US Library of Congress over seven books belonging to the so-called Schneerson Library, a group of Jewish texts that are the subject of a long-running ownership battle between Russia and the United States.

Russia: Intellectual Property Court Opens in Moscow

Jul 04, http://www.themoscowtimes.com/news/article/intellectual-property-court-opens-in-moscow/482660.html

A specialized arbitration court that will oversee intellectual property cases opened in Moscow today after President Vladimir Putin approved the final list of judges, Kommersant reported Wednesday.

Russia: Ministry of Justice proposes criminal charges for bribing arbitrators

Jul 04, http://rapsinews.com/anticorruption_news/20130704/268034326.html

RAPSI - The Russian Ministry of Justice has proposed establishing criminal liability for crimes related to courts of arbitration, including bribing an arbitrator, bribe-taking by an arbitrator and falsification of court rulings, a statement on the ministry's website says.

RWE wins Gazprom arbitration

Jun 27, http://www.argusmedia.com/News/Article?id=853353

RWE AG: Ad-hoc-Announcement according to Sec 15 WpHG

Arbitration court rules in favour of RWE on price revision of its long-term gas supply contract with Gazprom

An arbitral tribunal granted RWE's request for a revision of the purchase price payable by RWE for the natural gas supplied under its long-term gas supply contract with Gazprom. In its final award, the tribunal awarded RWE a reimbursement for payments made since May 2010 and adjusted the purchase price formula of the contract by also introducing a gas market indexation, which according to the arbitral tribunal reflects the relevant conditions on the gas market at the time of the price revision in May 2010.

RWE is currently analysing the award and the effect on its full year guidance in detail. RWE will inform about the financial implications of the ruling in short-term.

Résultats de l'enquête "Management optimisé des litiges et utilisation de la médiation au sein de l'entreprise"

Jun 12, http://www.fidal.fr/espace-presse/communiques/122/resultats-de-l%E2%80%99enquete-%C2%AB-management-optimise-des-litiges-et-utilisation-de-la-mediation-au-sein-de-l%E2%80%99entreprise-%C2%BB.html

Fortement impliqué dans les Modes Alternatifs de Règlement des Contentieux (MARC) depuis de nombreuses années, FIDAL, premier cabinet d'avocats d'affaires, révèle les résultats de sa deuxième enquête menée en partenariat avec l'American Arbitration Association. Réalisée auprès d'un panel de directeurs généraux et de directeurs juridiques représentatifs des plus grands groupes français, cette enquête révèle les dernières tendances et les meilleures pratiques des directions juridiques des entreprises ayant adopté une gestion optimisée des litiges.

L'analyse des résultats de cette enquête approfondie permet de comprendre que les entreprises les plus "dispute wise"- considèrent comme un enjeu stratégique majeur de maîtriser la gestion de leurs litiges pour diminuer leurs impacts sur leur image de marque, leur politique sociétale et leur résultat financier.

Dans cet objectif, 5 constats essentiels émergent de cette analyse :

1. Une meilleure organisation des directions juridiques : Ces entreprises anticipent la naissance de ces litiges en améliorant l'organisation de leurs directions juridiques, afin notamment que :

2. Formation et nouvelles compétences des équipes juridiques : Les équipes forment leurs équipes juridiques et opérationnelles aux MARC pour les mettre en capacité de gérer, avec les bons réflexes, les litiges au sein de l'organisation. Ces dernières ont appris à analyser les erreurs commises par le passé et à en tirer les enseignements afin d'optimiser leur approche et leur technique.

3. Etroite relation avec les avocats : Elles fonctionnent en équipe avec leurs avocats et ne se contentent plus de se décharger de leurs dossiers de litiges. Elles recherchent avec leurs conseils extérieurs les solutions les plus adaptées à leur problématique.

4. Intégration de la direction juridique dans le top management : Elles s'attachent à intégrer la direction juridique dans les instances décisionnaires du Top Management pour qu'elle soit associée à toutes les décisions stratégiques de l'entreprise, lui permettant ainsi de mettre en oeuvre des règles de fonctionnement internes favorisant une meilleure gestion des risques.

"L'objectif clé de l'ensemble des directeurs juridiques et juristes interviewés est d'éviter le contentieux pour préserver la relation d'affaire." confirme Isabelle Vaugon, avocat associé du département règlement des contentieux et à l'initiative de l'enquête au sein du cabinet FIDAL. "En tant qu'avocats formés aux MARC, nous travaillons en étroite collaboration avec les équipes juridiques internes de nos clients afin de contribuer activement à la gestion des risques et donc à la performance globale de l'entreprise." affirme t-elle.

Sempra Energy sells stake in Argentine gas distributors - suspends arbitration (ICSID)

Jul 01, http://www.powerengineeringint.com/news/2013/07/01/sempra-energy-sells-stake-in-argentine-gas-distributors.html

As part of the deal, Sempra has suspended legal actions against the Argentine state at the International Centre for Settlement of Investment Disputes (ICSID), Camuzzi Gas Pampeana added.

South Africa: Basil Read, Gast to enter arbitration over terminated Medupi contract

Jun 21, http://www.engineeringnews.co.za/article/basil-read-gast-to-enter-arbitration-over-terminated-medupi-contract-2013-06-21

Engineering and construction group Basil Read on Friday confirmed that a dispute between it and engineering solutions provider Gast, its subcontractor on the Medupi power station construction project, would be resolved by way of arbitration.

South Africa: Land expropriation should only be used as 'last resort'

Jun 21, http://www.bdlive.co.za/business/agriculture/2013/06/21/land-expropriation-should-only-be-used-as-last-resort

BEFORE the government considered the expropriation of land as an option in land reform, it needed to conduct a land ownership audit and, even then, consider the land expropriation as a last resort, lobby groups AfriSake and the Free Market Foundation said on Thursday.

Spain-Argentina: Investors press Repsol to strike deal over YPF expropriation

Jun 24, http://www.ft.com/intl/cms/s/0/3f284060-dcd7-11e2-9700-00144feab7de.html

Catalan savings bank La Caixa, the Spanish oil company’s largest shareholder, and Pemex, the Mexican state oil group and number-three investor, are in private calling on Antonio Brufau, Repsol executive chairman, to strike a deal with YPF that would see it accept limited compensation for the expropriation, several people close to the discussions in Spain and Argentina said.

Spain-Ghana: Isofoton hints of international arbitration over judgement debt scandal

Jun 25, http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=277616

Spanish firm Isofoton SA has indicated that it will seek redress at the international court following Supreme Court’s ruling which ordered it to refund about $400,000 to Ghana. According to the Country Representative of Isofoton, Anane-Agyei Forson, who was one of the defendants in the case, the Spanish firm will fight the case to its logical conclusion if justice is not served.

Spain: La Carta de la Energía arranca el arbitraje de los fondos fotovoltaicos

Jun 24, http://www.eleconomista.es/empresas-finanzas/noticias/4916549/06/13/La-Carta-de-la-Energia-arranca-el-arbitraje-de-los-fondos-fotovoltaicos-.html

El Tratado de la Carta de la Energía (TCE) ha arrancado el arbitraje de los fondos fotovoltaicos. Según pudo saber elEconomista, Gabrielle Kauffmann-Kohler tendrá la última palabra en la disputa internacional que enfrenta al Gobierno español con un total de 16 grandes fondos de inversión que presentaron en noviembre de 2011 una reclamación por el recorte de las primas a la energía solar fotovoltaica.

Strict anti-bribery laws in US, UK making foreign companies less competitive in India

Jun 28, http://economictimes.indiatimes.com/news/news-by-industry/services/retail/strict-anti-bribery-laws-in-us-uk-making-foreign-companies-less-competitive/articleshow/20806034.cms

MUMBAI: A 1977 US law that forbids American companies from bribing government officials in foreign nations has come under the spotlight in India after the unceremonious exit of several top officials from large US companies in the recent past.

Thailand: Thai Tobacco Trade Association, Retailers and PMTL to Take Ministry of Health to Court

Jun 25, http://www.pmi.com/eng/media_center/press_releases/Documents/GHW_litigation_TTTA_release.pdf

Thai Tobacco Trade Association and Retailers Take Ministry of Health to Court: "We Play by the Rules -- And so Should the Ministry"

Bangkok, 25 June 2013 ­ The Thai Tobacco Trade Association (TTTA), which represents more than 1400 retailers across Thailand, announced today that it is asking the Administrative Court to invalidate the Ministry of Public Health's unconstitutional decision to impose new warnings on cigarette packages. An individual retailer and a wholesaler are joining TTTA's suit, and Philip Morris (Thailand) Ltd. is also bringing a similar case. At issue is a Ministry notification that mandates graphic health warnings on 85% of the front and back of cigarette packs. This rule was developed behind closed doors to avoid differences of opinion, without the input of the thousands of retailers whom the rule will burden most, and without the legal authority to impose this controversial requirement.

Mrs. Varaporn Namatra, Executive Director of TTTA said, "The Ministry refused to talk with us even though this rule will make it harder for us to do our jobs. Everyone already knows that smoking is dangerous. Thailand already has some of the biggest health warnings in the world. I can't see why the new requirement is necessary, especially when it will just complicate the work of so many hard working retailers. We're just trying to make a living and we play by the rules, and so should the Ministry. No one should be able decide these kinds of things behind closed doors. We have rights ­ starting with a right to be heard ­ which is why we are now asking the court to step in."

TTTA expects that the regulation will lead to real problems for retailers, including: Higher operational costs; A likely consumer shift toward cheaper, lower-margin roll-your-own tobacco, which is not subject to the new warnings yet makes up about 50% of all tobacco sold in Thailand; and New incentives for supply and demand in the black market to increase -- where products are less expensive to buy, highly profitable to sell, and often have smaller warnings or no warnings at all.

Retailers were not the only group who didn't have a voice in the notification. The process excluded key government ministries that should have been able to participate and closed the doors to adult smokers, wholesalers, distributors, manufacturers, importers and other parties that the requirement will burden.

Commenting on his decision to file a case, Mr. Danai Surawattanawan, a Chiang Mai-based wholesaler and the owner of Saha Karnka store said, "Government should listen to all sides of an issue before making decisions that hurt people like me. That's commonsense, but the Ministry didn't listen. It's trying to use powers that no one ever gave it. And it's making major decisions without working with other government ministries or talking to the small business owners that its policies burden. I am not happy that I have been treated this way. Having been denied a voice in the debate, the only choice I now have is to ask the court to help me."

The TTTA's case centers on the fact that the Ministry overstepped its authority under Thailand's Tobacco Product Control Act by issuing a notification that conflicts with higher law. It also violated Thailand's due process requirements because it excluded the public and those whom this requirement will impact from voicing their views and failed to adequately assess the potential negative consequences of the requirement. The cases will show that the notification is unconstitutional and disproportionate; prevents businesses from engaging in free and fair competition; and disregards trademark protections under Thai and international law.

Philip Morris (Thailand) Ltd. commented on its own filing:

"Given the negative impact that this policy will have on our trademarks and packaging, and the fact that the Ministry ignored our voice and the voices of thousands of retailers in enacting this rule, we have no choice but to ask the Court to intervene. Ultimately, this requirement is not about increasing the public's awareness of the risks of smoking -- which is universal. The Ministry exempts half of the tobacco products sold in Thailand from the new warning. How does that make sense? In our view, this is a punitive measure. The Ministry should have listened to all sides -- and respected the rule of law -- before imposing an illogical requirement that will change the marketplace so significantly," said Ms. Onanong Pratakphiriya, Manager Communications & External Affairs, Philip Morris (Thailand) Ltd.

The parties will file their lawsuits before July 4, 2013 with the Bangkok Administrative Court. A final result is likely within 10 to 14 months.

UAE: foreign ownership on horizon

Jul 04, http://www.thenational.ae/news/uae-news/child-protection-foreign-ownership-and-teaching-standards-on-uaes-horizon

After a much-anticipated clause in the Commercial Companies Law allowing majority foreign ownership was removed, the Minister of Economy, Sultan Al Mansouri, said the wording would be added to the Investment Law, and would include further clarification. The council will still have the final say over whether to keep the clause or not.

US, Pakistan work on clearing trade hurdles

Jun 28, http://tribune.com.pk/story/569313/us-pakistan-work-on-clearing-trade-hurdles/

ISLAMABAD: Senior government officials and diplomats, who participated in the second US-Pakistan business opportunities conference in Dubai, have high hopes that there will be a positive outcome and the two sides will make quick progress on removing tariff barriers and other obstacles that hamper bilateral trade and investment.

US: Comments on President's Decision to Suspend GSP Benefits for Bangladesh

Jun 28, http://www.ustr.gov/about-us/press-office/press-releases/2013/june/michael-froman-gsp-bangladesh

U.S. Trade Representative Michael Froman Comments on President's Decision to Suspend GSP Benefits for Bangladesh

Washington, D.C. - United States Trade Representative Michael Froman issued the following statement on President Obama's decision, set out in a proclamation released today, to suspend the eligibility of Bangladesh for tariff benefits under the Generalized System of Preferences (GSP) program:

"Our GSP statute requires certain basic standards for worker rights and worker safety as a condition of eligibility. Over the past few years, the U.S. Government has worked closely with the government of Bangladesh to encourage the reforms needed to meet those basic standards. Despite our close engagement and our clear, repeated expressions of concern, the U.S. Government has not seen sufficient progress towards those reforms. The recent tragedies that needlessly took the lives of over 1,200 Bangladeshi garment factory workers have served to highlight some of the serious shortcomings in worker rights and workplace safety standards in Bangladesh," said Ambassador Froman. "While taking this action today, the Administration is also initiating new discussions with the government of Bangladesh regarding steps to improve the worker rights environment in Bangladesh so that GSP benefits can be restored and tragedies like the Rana Plaza building collapse and Tazreen Fashion factory fire can be prevented. The Obama Administration is committed to reflecting American values in our trade policy, including with regard to the rights of workers worldwide."

Background

Congress created the GSP program in the Trade Act of 1974 to help developing countries expand their economies by allowing certain goods to be imported to the United States duty-free. Under the GSP program, 127 beneficiary developing countries are eligible to export up to 5,000 types of products to the United States duty-free. In 2012, the total value of imports that entered the United States duty-free under GSP was $19.9 billion, including $34.7 million from Bangladesh. Top GSP imports from Bangladesh in 2012 included tobacco, sports equipment, porcelain china, and plastic products. The United States will continue to accept imports from Bangladesh following this decision; however, none will be eligible for duty-free treatment under GSP while Bangladesh's benefits remain suspended.

The suspension of Bangladesh's GSP benefits, which becomes effective 60 days after the publication of the proclamation in the Federal Register, follows a multi-year, interagency U.S. Government review of Bangladesh's compliance with statutory GSP eligibility criteria related to worker rights. The review began in 2007, based on a petition submitted by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and has involved intensive U.S. Government engagement with the government of Bangladesh and various stakeholders in the Bangladesh and the United States. USTR has also held several public hearings on the GSP review of Bangladesh, most recently on March 28, 2013. Hearing testimony and other public submissions related to the GSP review are available here.

The U.S. Government has provided assistance through the U.S. Agency for International Development and the Department of Labor (DOL) for programs that support the strengthening of worker rights in Bangladesh. For example, DOL is providing technical assistance to improve the labor law framework and to improve the ability of labor and management to consult and cooperate. Another effort by DOL, recently announced, would help the Government better enforce fire and building safety standards, as well as train workers' groups to effectively monitor abatement efforts.

A commitment to protect labor rights is critical to the Obama Administration's trade policy. USTR has increased monitoring of labor laws and conditions in trade partner countries, as well as engagement through formal mechanisms established by the trade agreements.

US: CommonWealth REIT Comments on Results of the Corvex/Related Purported Consent Solicitation

Jun 24, http://investor.shareholder.com/HRPReit/releasedetail.cfm?releaseid=773173

The Arbitration Panel that is Considering the Actions by Corvex/Related Has Not Yet Ruled.

CWH Continues to Believe that the Purported Consent Solicitation by Corvex/Related Has No Legal Effect.

US: DOJ charges Sinovel and two of its employees with industrial espionage; AMSC wants review of U.S./China trade relationship

Jul 01, http://www.bizjournals.com/boston/blog/techflash/2013/06/doj-charges-former-sinovel-employees.html?page=all

After a two-year investigation by the FBI, the Department of Justice has charged China-based Sinovel and two of its employees for stealing trade secrets from Devens, Mass. -based American Superconductor Corp. (Nasdaq:AMSC), the company and the DOJ announced Thursday.

US: FINRA beefs up policing of arbitrators

Jun 21, http://www.reuters.com/article/2013/06/21/us-finra-arbitrators-idUSBRE95K06320130621

Reuters - Wall Street's industry-funded watchdog said it was beefing up oversight of its 6,500 securities arbitrators after one of them was criminally indicted and suspended from the practice of law but failed to properly disclose those legal run-ins.

US: Mediation mandate intended to unclog big case backlog

Jun 14, http://www.rbj.net/article.asp?aID=195288

In a major procedural innovation that began last July, most civil litigants in U.S. District Court in Rochester are required to try mediation first. The mediation mandate is an expansion of an alternative dispute resolution program begun in the Western District of New York's Buffalo division six years earlier.

US: Outcome of Generalized System of Preferences Review Announced

Jun 28, http://www.ustr.gov/about-us/press-office/press-releases/2013/june/gsp-review-outcome

U.S. Trade Representative Froman Announces Outcome of Generalized System of Preferences Review

Washington, D.C. - United States Trade Representative Michael Froman announced today the outcome of the Obama Administration's 2012 Annual Review under the Generalized System of Preferences (GSP) program. GSP is a 37-year-old trade preference program under which the United States provides duty-free treatment to many imports from developing countries.

"GSP is a time-tested tool for advancing international economic development while also helping U.S. businesses, workers, and consumers by lowering the costs of imported goods, including those used as inputs for U.S. manufacturing," Ambassador Froman said. "The annual review allows the Administration to ensure that the program continues to meet the needs of developing countries while taking into account such factors as the growing competitiveness of many emerging market economies and the country eligibility criteria set forth in the GSP statute."

Ambassador Froman added, "Given the GSP program's importance both for developing countries and for U.S. jobs and economic growth, the Administration will work with Congress to renew GSP - so that developing countries can continue to expand their economies through trade with the United States, and so that U.S. businesses and consumers can continue to benefit from the cost savings on GSP products, including intermediate inputs for Made-in-America goods."

Based on the Administration's review of several issues and petitions related to eligibility of products under the GSP program, President Obama made determinations today affecting product coverage under GSP. The President: 1) granted waivers of competitive need limitations (CNLs) for over 100 products from 14 countries, including both petitioned and de minimis waivers; and 2) determined that two products from two countries - a corn product from Brazil and passenger tires from Indonesia - should no longer be eligible for duty-free treatment under the GSP program because the relevant country is sufficiently competitive and exceeded CNLs for the product. The changes to GSP eligibility for these products will become effective on July 1, 2013. The Administration deferred decisions on petitions to add three products - cut roses, frozen broccoli, and certain preserved artichokes - to duty-free treatment under GSP.

As part of this year's review, the Administration also considered petitions to withdraw or suspend certain countries' eligibility for GSP benefits based on statutory criteria, including whether a country is taking steps to afford internationally recognized standards for worker rights, whether a country acts in good faith in recognizing and enforcing arbitral awards in favor of United States citizens, and the extent to which a country adequately and effectively protects intellectual property rights (IPR). As described in a separate press release, the President has decided, drawing on the recommendation of the U.S. Trade Representative, to suspend the GSP benefits of Bangladesh based on that country's failure to meet the statutory GSP country eligibility criterion related to worker rights. In addition, USTR has accepted for review a country practice petition on Ecuador related to recognition and enforcement of arbitral awards. Initial steps in the review of the Ecuador petition will be announced in a forthcoming notice published in the Federal Register. Several other country practice petitions accepted in previous years remain under review: Indonesia, Russia, Ukraine, and Uzbekistan regarding protection of IPR, and Fiji, Georgia, Iraq, Niger, the Philippines, and Uzbekistan regarding worker rights.

The full results of the 2012 GSP Annual Review are available here http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preferences-gsp/current-review - and will also be announced in the Federal Register.

Background

Under the GSP program, up to 5,000 types of products from 127 beneficiary developing countries, including 44 least-developed countries, are eligible for duty-free treatment when exported to the United States. In 2012, the total value of imports that entered the United States duty-free under GSP was $19.9 billion.

As part of the annual GSP review, an interagency committee led by USTR receives and considers petitions seeking 1) to add or remove products from the list of those eligible for duty-free treatment under GSP, 2) to waive product exclusions for certain countries based on statutory requirements related to competitiveness (CNLs), and 3) to withdraw or limit a country's eligibility for GSP tariff benefits based on statutory eligibility criteria. The committee also reviews products eligible for de minimis waivers of CNLs and the reinstatement of GSP eligibility for products previously excluded from duty-free treatment when imported from certain countries based on CNLs. For those product and country practice petitions accepted for review, the USTR-led committee holds public hearings, solicits public comments, and - in the case of product and CNL waiver petitions - reviews analyses prepared by the U.S. International Trade Commission of the economic impact of product eligibility decisions on U.S. industries and consumers.

For more information on the GSP program, visit the GSP page on the USTR Web site here http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp

What happens in Delaware goes to arbitration, not court

Jun 27, http://www.theglobeandmail.com/globe-investor/what-happens-in-delaware-goes-to-arbitration-not-court/article12866210/?cmpid=rss1

A ruling this week could erode a certain home-court advantage. Allowing deal-related litigation and other lawsuits to be forced into Delaware, the preferred corporate venue, may initially swell the local caseload. But the decision could also lead companies to bypass courts for arbitration. That would eat into the rights of investors - and perhaps even the First State's business law supremacy.

Uzbekistan: MTS: Ad Hoc Notice regarding planned auction of assets owned by Uzdunrobita

Jun 28, http://www.4-traders.com/MOBIL-NYE-TELESISTEMY-OAO-6499741/news/Mobil-nye-TeleSistemy-OAO-Ad-Hoc-Notice-17058584/

Mobile TeleSystems OJSC ("MTS"), the leading telecommunications provider in Russia and the CIS, announces that it has become aware of a planned auction, set for July 1, 2013, of assets owned by Uzdunrobita, MTS's wholly owned subsidiary in Uzbekistan. MTS is committed to defending its rights to fully recover damages incurred as a result of an unprecedented attack against its business in Uzbekistan.

In the Company's opinion, the claims of Uzbekistan authorities that resulted in the initiation of bankruptcy proceedings and the forthcoming auction sale of Uzdunrobita assets have no legal and factual basis. MTS reserves its rights to pursue all available legal options in Uzbekistan and internationally to defend its legal rights and investments and fully recover damages from any party involved in depriving MTS of its business and assets in Uzbekistan.

Previously, MTS filed a claim against the sovereign state of Uzbekistan in the International Center for Settlement of Investment Disputes (ICSID), part of the World Bank Group, in Washington, D.C. The claim was registered on November 15, 2012, and the case is currently pending.

Zimbabwe: SA Court Dismisses Zim Govt Appeal of Farm Ruling

Jun 28, http://allafrica.com/stories/201306280265.html

South Africa's highest court has dismissed an appeal lodged by the Zimbabwe government, against an order that its properties can be auctioned as part of a landmark legal ruling.

Events

2024

April 2024

  • CIArb Virtual Diploma in International Maritime Arbitration (Booking deadline: 31 January 2024)
    With maritime arbitrations on the rise, build your knowledge now! The scale, diverse range and complexity of maritime arbitrations coupled with an increase in arbitral systems means that it is essential to have the right knowledge and skills to navigate this field. Ciarb’s highly popular Virtual Diploma in International Maritime Arbitration will provide you with this and more! Join international dispute resolution specialist George Lambrou FCIArb for this Diploma, delivered virtually from 3 April 2024 to 26 June 2024, on Wednesdays for two and a half hours.
    3 April 2024 - 26 June 2024. Online,
    More information is available at the organisers website
  • New Frontiers in International Investment Arbitration - 9th EFILA Annual Conference
    TOPICS: * Domestic courts and the review of awards: recent trends; * Geopolitical uncertainties and their impact on arbitration SPEAKERS: KEYNOTE Speech by Prof. Dr. Mathias Wolkewitz; * Mirjam van de Hel - Koedoot; * Lucia Raimanova; * Maria Fogdestam Agius; * Dr. Paschalis Paschalidis; * Georg Scherpf; * Dr. Alfred Siwy, LLM; * Dr. Richard Happ; * Nick Lawn; * Dr. Patricia Nacimiento.
    25 April 2024. Frankfurt, Germanay,
    More information is available at the organisers website
  • Azerbaijan Arbitration Days
    Welcome Words from Prof. Kamalia Mehtiyeva, Chair of the Azerbaijan Arbitration Association. Inaugural Speech by Mr Inam Karimov. Keynote Speech by Mr Alexis Mourre. TOPICS: * New Arbitration Law in Azerbaijan and the Influence of the UNCITRAL in the Region; * Renewable Energy: Development, Trends and Settlement of International Disputes; * Building the Silk Way - Construction Projects in the Region; * Arbitrating Gas Pricing and Electricity Pricing Disputes; * Investments - Emerging Trends and Highlights on Resolution of Investment Disputes; * Efficiency of Arbitration: Provisional Measures, Enforcement, Asset Recovery and Financing of Litigation; * Upstream Disputes in the Extractive Sector; * Innovation and Leadership; * Engineering, Procurement and Construction Disputes.
    25 April 2024 - 26 April 2024. Baku, Azerbaijan,
    More information is available at the organisers website

May 2024

  • DIS Spring Conference 2024
    Visit this year's spring event of the DIS in Hamburg on the topic "Trust is good, control is better? Protecting the procedural integrity of arbitration proceedings". You can look forward to exciting discussions on the topic of the event. Further information will follow. The conference language is German. You can already register for the event and make your travel arrangements now. We have arranged special conditions for you with various hotels and with Deutsche Bahn. Further information and the registration form can be found the conference website. (Gala dinner 2 May 2024, 19:00 Uhr)
    3 May 2024. Hamburg, Germany,
    More information is available at the organisers website
  • Pakistan International Disputes Weekend (PIDW)
    South Asia's premiere legal conference for 'reviewing, reflecting and reviving' the landscape for dispute resolution. The conference is organized annually in Pakistan by international construction law firm MK Consultus. Bringing together international dispute resolution experts, government representatives, serving members of Pakistan's judiciary, Legal 500 firms, international ADR Centres and global masters of the trade in South Asia's emerging economic corridor, PIDW has revitalized the ADR sector in Pakistan, contributing significantly to the discourse regarding reform.
    11 May 2024 - 12 May 2024. Karachi, Pakistan,
    More information is available at the organisers website
  • 4th Edition Executive Course on International Arbitration - King's College London (Application deadline: 03 May 2024)
    [Application deadline: 03 May 2024] Join leading global arbitration experts for King’s College London’s Executive Course on International Arbitration, online, starting on 17 May 2024. Develop your skills and grow your network with this CPD accredited course. Learn the key elements of practice, from drafting effective arbitation agreements to enforcing arbitral awards around the globe.
    17 May 2024 - 21 June 2024. Online; Fridays (11:30 - 15:00 BST) over 6 weeks,
    More information is available at the organisers website
  • Dispute Resolution in M&A Transactions - 7th edition
    International Conference for Promoting Arbitration - The biggest M&A conference in the region, a truly unique event. Who should attend: * Arbitrators; * Attorneys; * In-house counsel; * M&A legal and business advisors. More information about the program and topics to be announced, in the meantime, visit the conference website to see the archives of the 6th (2022) and 5th (2019) editions of the conference.
    23 May 2024 - 24 May 2024. Warsaw, Poland,
    More information is available at the organisers website
  • International Arbitration Summer Institute - Center on International Commercial Arbitration (AU WCL)
    Taught by leading practitioners and arbitrators from around the world, the International Arbitration Summer Institute is an intense three-week certificate program that addresses foundational and practical aspects of international commercial arbitration. Networking activities such as special lectures, coffee hours, luncheons, and site visits to D.C. law firms and institutions provide participants with ample opportunities to network beyond the classroom setting. This Summer Institute is one of the annual events hosted by the Center on Int'l Commercial Arbitration. The Center is directed by Horacio A. Grigera Naón, a renowned independent international arbitrator and former secretary general of the Int'l Court of Arbitration of the Int'l Chamber of Commerce. The rest of the faculty of this Summer Institute is also very prominent. Participants may opt to stay in the American University dormitory at Cassell Hall.
    28 May 2024 - 13 June 2024. Washington, D.C.,
    More information is available at the organisers website

June 2024

  • Baltic Arbitration Days (13th edition)
    The Baltic Arbitration Days is an international forum for arbitration practitioners and academics, which takes place every June in Riga and Jurmala. During two days of lectures and social functions, we discuss current issues of international commercial and investment arbitration. While Central- and Eastern Europe remains the focus of the conference, different guest countries or regions are designated each year, hosting speakers and participants from around the world. Topics: * Investigations & Enforcement; * Investment Arbitration Update; * Climate & Energy & Construction Arbitration; * Legaltech & IT in Arbitration.
    2 June 2024 - 3 June 2024. Riga and Jurmala,
    More information is available at the organisers website
  • CanArbWeek 2024
    TOPICS: * ADRIC - Awards: Law and Practice; * SIAC - Demystifying the Scrutiny Process; * CPR Canada - In-House Counsel Wishlist: Dispute Boards; * CIArb Canada - Debate Series: Vavilov, Value, Venue; * Ciarb Canada Award for Distinguished Service; * ICC Canada - Navigating the Grey: Conflicts of Interest; * VanIAC - Ask us Anything: from Appointment to PO1; * WCCAS - Arbitrating Your Way to a Speedier Trial; * ICDR Canada - Debate on Proposed Rules Changes; * YCAP - Costs Report: DOs and DON’Ts in Cost Awards; * TCAS - Exploring the Psychology of Arbitration; * and more... Gala Welcome Reception (2 June 2024); Early Bird Tickets Until 1 May 2024.
    3 June 2024 - 4 June 2024. Toronto, Canada,
    More information is available at the organisers website
  • Critical Developments in International Arbitration - 5th edition of the Bucharest Arbitration Days
    The theme of the BArD 2024 brings to our attention the recurrent concern with the legitimacy of international arbitration, as a suitable dispute resolution mechanism for commercial disputes. The 2021 Queen Mary University of London and White & Case Survey has highlighted the evolving nature of international arbitration, adapting to the challenges posed, among others by diversity, technology, environmental considerations and information security. BArD 2024 will discuss ethics and conflicts in int'l arbitration; the evolving relationship between arbitration and courts; the diversity in arbitration from the perspective of diversity of seats and arbitration institutions; the ongoing discussion on evidence and the impact of technology on it. With a focus on disputes involving foreign investments, BArD 2024 will tackle the critical issue of the regulatory space of States, in particular in the context of the transition to a clean energy and int'l commitments on climate change.
    6 June 2024 - 7 June 2024. Bucharest, Romania; Virtual,
    More information is available at the organisers website
  • I Investment Forum
    This event aims to bring together key stakeholders (government officials, business leaders, legal professionals, and foreign investors) on a single platform to highlight significant legal aspects influencing business and investments in Ukraine. It includes an in-depth analysis of Ukraine's investment climate, dispelling common myths about conducting business in our country, preparing Ukrainian businesses for European Union integration, and focusing on recent legal improvements in sectors such as agriculture, extractive industries, energy, and defense. Identifying existing legal issues and presenting practical solutions is also a key focus.
    6 June 2024 - 7 June 2024. Kyiv, Ukraine; Online (Zoom),
    More information is available at the organisers website
  • Arbitration and State: A Complex Symbiosis - XVIII International Congres CEIA
    Topics: * Presentation of the Report on the Inclusion of Disability in Arbitration (CEIA - CINDA); * The work of UNCITRAL Group III; * State and anti-process measures in arbitration; * State responsability for the denial of recognition and execution of arbitration agreements and awards; * The State as a police against corruption in arbitration; * LATAM 360°: Administrative activity as the object of the arbitration disputes; * Arbitration as a mechanism for resolving conflicts between States; * The cases of the year: procedural situations when the State is a party. The conference will have Spanish-English simultaneous translation.
    9 June 2024 - 11 June 2024. Madrid, Spain,
    More information is available at the organisers website
  • Italian Arbitration Day: The Geography of International Arbitration
    The Italian Association for Arbitration and the Milan Chamber of Arbitration, with the support of several national and international organizations, join forces to organize the third Italian Arbitration Day ("IAD"). The IAD will explore the geography of arbitration, navigating the routes of international arbitration, exploring methods and characters of its actors. Stellar international practitioners will discuss the ever-changing map of international arbitration. Participants will be able to contribute ideas, experiences and anecdotes. PROGRAM: * KEYNOTE SPEECH: Lucio Caracciolo - Arbitration and Geopolitics: A Way to De-escalate International Crises? * Panel I - Quo Vadis International Arbitration? Of Parties, Arbitrators and Arbitral Institutions + Reverse Debate * A View from Our Partners: Unidroit * Panel II - International Conflicts and Economic Sanctions: What Role for International Arbitration? + Reverse Debate
    13 June 2024. Rome, Italy,
    More information is available at the organisers website
  • Arbitration Academy 2024
    Applications for the 2024 session of the International Academy for Arbitration Law will be opened soon. The Arbitration Academy is designed to provide advanced courses in arbitration law to students, government officials and practitioners who have already a general knowledge of arbitration law. The Academy provides advanced Summer Courses in Paris to students and young practitioners interested in international arbitration. The Curriculum is conceived by international arbitration academics and practitioners to cover all aspects of international arbitration, and the Courses are taught by the most renowned experts in the fields of international commercial arbitration and investment treaty arbitration. A great opportunity to attend high-level courses and seminars on International Arbitration, and to learn from world-renowned professors and practitioners - don't miss out!
    17 June 2024 - 4 July 2024. Paris, France,
    More information is available at the organisers website or contact
  • El arbitraje internacional en materia de construcción (AU WCL)
    El arbitraje comercial internacional constituye el mecanismo preferido para la solución de disputas en el mundo de los negocios. Un área en que el arbitraje internacional tiene frecuente aplicación es en disputas que emergen de proyectos de construcción. En América Latina el arbitraje de construcción también ha comenzado a ser muy relevante. Esta evolución ha generado una extensa demanda de profesionales altamente formados y especializados en esta materia. Por esto el Centro de Arbitraje Comercial Internacional de la AUWCL trabaja junto con la Comisión Interamericana de Arbitraje Comercial (CIAC) para ofrecer este Seminario Práctico en arbitraje de construcción en junio y julio de 2024. Este Seminario Práctico permite experimentar el desarrollo de un proceso arbitral en materia de construcción desde los inicios de la disputa y su tratamiento por la junta de resolución de disputas, pasando por la notificación de arbitraje, la práctica de la prueba, hasta la adopción del laudo. ...
    17 June 2024 - 12 July 2024. Washington, D.C.,
    More information is available at the organisers website
  • London Summer Arbitration School (Application deadline 20 April 2024)
    The London Summer Arbitration School will feature an interactive five-day programme introducing participants not only to commercial arbitration, but also to less well-known types of arbitration such as maritime, construction and commodities arbitration. The participants will also engage in discussion of related career and business development opportunities with practitioners and representatives of institutions. Topics: * ad hoc arbitration; * maritime arbitration; * construction arbitration; * commodities arbitration; * commercial arbitration; * ethics in international arbitration; * banking & finance arbitration; * climate change arbitration; * outer space arbitration; * investor-state arbitration; * relationship between arbitral tribunals and domestic courts. It will also be possible to attend the school in the online format. Registration deadline: 20 April 2024.
    17 June 2024 - 21 June 2024. Online; London, United Kingdom,
    More information is available at the organisers website

July 2024

  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "International Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others. ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public international law, more specifically international investment law. 10% early bird discount if booked by 30th April 2024.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website
  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "Int'l Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others.ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public int'l law, more specifically international investment law. Int'l investment law is a sub-specie of int'l economic law. Upon conclusion of the Summer Programme, all participants shall receive a Certificate of Attendance.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website

October 2024

  • International Law Weekend 2024 - Powerless law or law for the powerless? (Call for Panel Proposals deadline 15 April 2024)
    International law faces an existential threat as history unfolds at unprecedented speed worldwide. Indeed, international law and international institutions at times appear incapable of protecting vulnerable persons against war, disease, hunger, exploitation, climate change, and other human and natural catastrophes. Some people-both individually and collectively-are openly eschewing legal values and frameworks in order to pursue results through other means, including dangerous and destabilizing ones. Is international law, in fact, powerless or does it remain a source of power that vulnerable persons can utilize to protect and advance their rights and interests? This year's ILW is focused on engaged, interactive, and inclusive discussions about how international law can transcend perceptions and misperceptions of its powerlessness and fulfill its aspirations of balancing power through principles of justice, equality, and dignity. Call for Panel Proposals deadline 15 April 2024.
    24 October 2024 - 26 October 2024. New York City, USA,
    More information is available at the organisers website

Note: a list of prior events can be found here.

JOBS / MOVES

Al Tamimi and Company welcomes Anne K. Hoffmann to its arbitration practice in Dubai

Jun 27, http://www.ameinfo.com/al-tamimi-company-welcomes-anne-hoffmann-346710

German and English qualified lawyer Anne K. Hoffmann has relocated to Dubai where she has joined Al Tamimi and Company as Special Counsel in the arbitration department. Anne regularly acts as counsel and arbitrator in commercial disputes arising under all major rules as well as in ad hoc proceedings.

Cleary Gottlieb Announces Leading International Arbitration Specialist Richard Kreindler Will Join as Partner in Frankfurt

Jul 02, http://www.cgsh.com/cleary-gottlieb-announces-leading-international-arbitration-specialist-will-join-as-partner-in-frankfurt/

"Richard brings nearly three decades of arbitration experience as an advocate and arbitrator in some of the world's most significant commercial and investment treaty disputes, including extensive experience in Germany and in German-language matters. He will further strengthen our global disputes practice, which has represented corporate and sovereign clients in many of the largest and most complex commercial and investment treaty arbitrations, and has grown over the past decade to include more than 80 senior lawyers based in New York, Washington, Brussels, Frankfurt, Cologne, Rome, Milan, Paris, London, and Hong Kong," said Cleary Gottlieb Managing Partner Mark Leddy. "Richard is also expert in advising leading international companies in the context of government investigations and compliance issues."

New Co-Heads for Essex Court Chambers - Richard Jacobs QC and Graham Dunning QC take over from Gordon Pollock QC

Jun 24, http://www.essexcourt.net/news/17437/new-co-heads-for-essex-court-chambers-richard-jacobs-qc-and-graham-dunning-qc-take-over-from-gordon-pollock-qc

After almost 21 years, Gordon Pollock QC has stepped down as Head of Essex Court Chambers, handing over to the new Co-Heads - Richard Jacobs QC and Graham Dunning QC.

Books

Alternative Dispute Resolution in Administrative Proceedings

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from law, public administration, public policy and political science, in order to assess the importance of different instruments for alternative dispute resolution, with an accent on administrative appeals.

Content Marketing and Publishing Strategies for Law Firms

... a co-production with my friend and colleague Steve Matthews, founder and president of Stem Legal Web Enterprises. "Content Marketing And Publishing Strategies For Law Firms" has just been published by The Ark Group, one of the legal industry’s most respected publishers of high-quality books about the business of law. This book represents all the distilled knowledge and insights that Steve and I have gathered, over our combined three-plus decades in the legal marketplace, about publishing and content marketing for law firms....

Set-Off in Arbitration and Commercial Transactions

This book considers the issues involved in international commercial disputes where set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims. The book considers the important institutional rules of arbitration procedure such as the Swiss Rules, the CNUDCI, the ICC rules and others.

ICSID

RSM Production Co. v #Cameroon (ICSID ARB/13/14)

Hydroc. exploration & exploitation concession, reg. July 1

Caratube & Hourani v #Kazakhstan (ICSID ARB/13/13)

Oil exploration & production contract Registered June 28

... See @ogeltdm for further updates...